[TW] Reason for dismissal prior notice processing policy

July 14, 2018

Trademark office

When we receive the notice of refusal, we can first look at whether the quoted trademark provided by the Commissioner is really similar to the trademark we applied for, and can be used to determine the appearance, sound and trademark significance of the trademark, that is, the so-called “form, pronunciation and meaning”. Respond to:

The form of the mark: Describe how the mark we applied for and the mark cited by the commissioner are different in terms of form, emphasizing the differences among them, such as different fonts, design elements, colours, strengths of lines, etc.

The pronunciation of the mark: It is proved that the two are not very similar by the difference in the two pronunciation of the mark, such as different syllables, accent, light tone, pinyin, etc., indicating that our mark and the cited trademark are not identical.

The significance of the mark: Comparing the sense of the trademark we apply for, the design concept, the company brand image and the logo, and what it feels like to bring to the relevant consumers, and what kind of feeling can be given to the general consumer with the cited trademark in comparison.

According to the above explanations, as long as you have mastered the main three main points of your reply, you can have a higher chance of obtaining trademark rights through the application. However, in practice, it is advisable to consult a professional trademark agent and increase the chance of success in defence.