| Trademark Act Article 21Nov. 30, 2016 |
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Right of exhibition priority If an applicant for a trademark has displayed goods or services under the trademark applied for, at an international exhibition which was held or officially recognized by the Government of the ROC, and if such applicant files the application within a period of six months from the day following the date of the first display of such goods or services, the date of the first display shall count as the date of filing of the application. The preceding article shall apply mutatis mutandis to applications filed with a claim of exhibition priority under the preceding paragraph. |
| Trademark Act Article 20Nov. 30, 2016 |
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Right of priority; same treatment for certain categories of persons as for nationals of ROC An applicant who has duly filed an application for trademark registration in a country which has reciprocal recognition of priority rights with the ROC, or filed such application with a member of the World Trade Organization (WTO), may claim a right of priority, for the purposes of registering the same trademark in the ROC for some or all the same goods or services, within six months from the day following the date of filing of the first such application. An applicant of a foreign country which is not a member of the WTO nor a country having reciprocal recognition of priority rights with the ROC, may claim a right of priority pursuant to the preceding paragraph if he/she is domiciled or has a business establishment in the territory of a country which has reciprocal recognition of priority rights with the ROC or in the territory of a member of the WTO. An applicant who claims priority pursuant to paragraph 1 shall submit a written statement to that effect simultaneously with the application which shall set forth the following: (1) the date of filing of the first application; The applicant shall submit, within three months from the day following the date of filing of the application, a copy of the application certified as admitted by the country or the member of the WTO referred to in the preceding paragraph. If an application is not filed pursuant to Subparagraph 1 or Subparagraph 2 of Paragraph 3 or the preceding paragraph, the priority claim thereof shall be deemed not having been made. If an application is filed with a claim of priority, the date of priority shall count as the date of filing. If an application is filed with a claim of multiple priorities, the date of each priority shall count as the date of filing of goods or services in respect of such priority. Details > |
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