Definition and Types

Definition of Trademark

A trademark shall refer to any sign with distinctiveness, which may, in particular, consist of words, designs, symbols, colors, three-dimensional shapes, motions, holograms, sounds, or any combination thereof.

The term “distinctiveness” used in the preceding paragraph refers to the character of a sign capable of being recognized by relevant consumers as an indication of the source of goods or services and distinguishing goods or services of one undertaking from those of other undertakings.(§18)

Types of Trademark

  • Trade Marks
    A trademark is a mark that distinguishes goods from those manufactured or sold by others and to indicate the source of the goods. (§18)
  • Service Marks
    A service mark is a mark that distinguishes services from those provided by others and to indicate the source of the services. (§18)
  • Collective Membership Marks
    A collective membership mark is a sign that serves to identify the membership of members in an association, society or any other group which is a juridical person and distinguish such members from those who are not members. (§85)
  • Collective Marks
    A collective trademark is a sign that serves to indicate goods or services of a member in an association, society or any other group which is a juridical person and distinguish goods or services of such member from those of others who are not members. (§88)
  • Certification Marks
    A certification mark is a sign that serves to certify a particular quality, accuracy, material, mode of manufacture, place of origin or other matters of another person’s goods or services by the proprietor of the certification mark and distinguish the goods or services from those that are not certified. (§80)

Non-Traditional Trademarks

Due to the diversification of commercial activities and the rapid changes in mass media and advertising designs, traditional trademarks no longer satisfy market demands. Any sign capable of being recognized as an indication of the source of goods or services is entitled to protection under the Act. Non-traditional trademarks are not limited to color, three-dimensional, motion, hologram and sound trademarks as specified in the Act. Any other signs that are perceptible by scent, tactile and taste and comply with the distinctive requirement of the Act may be filed for registration as trademarks and be granted protection under the Act.

  • Three-Dimensional Trademarks
    A three-dimensional trademark is a sign with three-dimensional shape that has length, width, and height in three dimensions and enables consumers to distinguish the different sources of goods or services. A three-dimensional trademark may include the following:
    1)Shape of goods;
    2)Shape of the packaging or container of goods;
    3)Signs with three-dimensional shape (other than three-dimensional shapes of goods or packaging or container of goods);
    4)Decor of the place where services are provided.
  • Color Trademarks
    A color trademark is a sign simply consisting of one single color or multiple colors. The single color or color combinations thereof has/have the function to indicate the source of goods or services. As a composite trademark comprised of color(s) coupled with word(s), design(s), or symbol(s) does not identify the source of goods or services by colors, it is deemed a design or word trademark rather than a color trademark.
  • Sound Trademarks
    A sound trademark is a sign that consists mainly of sound and identifies the source of goods or services through audio means. A sound trademark may contain music (e.g., a series of tones or a small part of a song) or non-music matters (e.g., narrator's voice or roar of a lion), and the sound by itself is capable of identifying the source of the goods or services.
  • Motion Trademarks
    A motion trademark refers to a sequence of moving images, which have the function to identify the source of goods or services. The subject matter protected by a motion trademark is the overall commercial impression established by such moving images. In other words, the trademark rights are granted to the entire moving images, rather than any word, design, or symbol appearing in the course of change. If any word or design appearing in the course of change of moving images is to acquire trademark rights, a separate application for registration of such general word or design trademark needs to be filed.
  • Hologram Trademarks
    A hologram trademark refers to the use of a hologram as a sign to identify the source of goods or services. A hologram is made up of multiple images on a negative, which are stored via technology designs. The images are three dimensions either in multiple pictures or one picture only, and the color of the pictures varies depending on the different perspectives. A hologram is often used as an anti-counterfeiting label for money notes, credit cards or other valuable products and can also be found on product packaging or ornamentation.

    There are two types of holograms: one type of holograms can be represented in one single representation, in which the holograms have optical variations along with different perspective views; another type of holograms require multiple representations because of their changing aspect depending on different perspective views.

Term of Trademark

  • Trademark term
    Since the publication date of a registered trademark, trademark rights remaining for a term of ten (10) years shall be bestowed upon a right holder.
  • Trademark Renewal
    A request for renewal may be filed within the trademark term; a trademark term of ten (10) years shall be provided per successful renewal.