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| 八卷二期 89年01月31日 |
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| Regulations Issued on Trademark and Service Mark Registrations of Color Combinations |
The Intellectual Property Office (IPO) on 2 February 2000 announced the Color Combination Trademark and Service Mark Registration Guidelines. A complete text of the guidelines follows: (A)These guidelines are specifically enacted for handling trademark registrations of color combinations provided in Article 5 of the Trademark Law. (B)These guidelines are applicable only to registrations of trademarks composed solely of color combinations. These provisions shall not apply for trademark applications for registration of design combinations of words, drawings, symbols and colors. (C)Color combination trademarks under these guidelines means combinations of two or more colors which can be separated and which are used entirely or in part on goods or their packaging or containers. (D)Color combination trademarks must have distinctiveness. If the mark has been used in trading by the application and has become an identification mark used on goods dealt in by the business operations of the applicant, the applicant must provide evidence of use at the time of application, which shall be handled according to applicable standards for determining trademark distinctiveness. (E)In addition to recording the class number and the denomination of the goods designated for use on the application as required by Article 35 of the Trademark Law and Article 27 of the Trademark Law Enforcement Rules, applicants for color combination trademarks must submit the following documents with their applications: (a)Fifteen copies of the color combination trademark design. Trademark designs must be drawn to show the portion of the goods and their packaging or containers which will use the colors and to show which part of the goods and their packing or containers are not part of the trademark. (b)Three black and white copies of the design. The black and white design must separately indicate the color combinations used. A detailed written explanation (publication form) must also be submitted explaining the use of the colors in the color combination trademark. (c)Detailed explanations of the color combination trademark used on the designated goods and their packaging and containers (for example whether the color expresses a special form, position, or contents) and the actual color (for example, the type of color, brightness, and intensity). (d)These guidelines shall apply to color combination trademarks used on products in liquid or powder form product if the trademarks can be distinguish from the outside of packaging and containers. (F)Applications for color combination trademarks designated for use on more than one type of good in the same classification shall be filed in the following manner: (a)If the types of uses are the same, the applicant may submit one trademark application describing the use of one kind of good. (b)If the types of uses are not the same, separate applications must be submitted. (G)Color combination trademarks which have one of the following conditions shall be treated as subject to Paragraph 10 of Article 37 of the Trademark Law: (a)The color combination is naturally produced during the manufacturing process of the good; (b)The color combination is a requirement or commonly adopted because of economic considerations; or (c)The color combination is necessary in order to make full use of the good. (H)The provisions regarding the registration of color combination trademarks shall apply mutatis mutandis to color combination service marks. |
