Is it accepted to designate “cake shop” as a service term in terms of Taiwanese trademark application?
I have licensed other person to us my trademark and the said person puts my trademark on the goods, can this be deemed as my use of trademark？
If a trademark is licensed to other person, one shall provide relevant license documents, on which shows the licensor, licensee, the trademark, goods/services, and period of license, and also prove that the licensee has use the trademark.
If my trademark contains wordings that are descriptive, shall I have to disclaim the exclusive right to use the wordings when filing the application?
According to Article 29 (1) of Trademark Act, if a mark describes the nature, function …, and etc. of the goods, it cannot be registered. And according to Article 29 (3) of Trademark Act, if a mark contains an element that are not distinctive and could give rise to doubts as to the scope of the trademark rights, the applicant shall disclaim the exclusive right to such element.When an descriptive element of a trademark is often used by the same industry and publics to describe the designated goods or services, it cannot be used exclusively and no need to make a disclaimer. However, if the descriptive element is rarely used by the same industry and the publics to describe the goods or services, and it is not clear whether the owner has the exclusive rights to the element, then the owner shall disclaim the exclusive right.
Can I use lower case letter, if my Taiwanese trademark application was filed and registered in all capital letters？
When a registered Trademark is in all capital letters and the use of the lower case letters of the registered Trademark will be deemed as equivalent, thus the registrant does use the registered trademark. It is not vulnerable to cancellation based on non-use.
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