TRADEMARK REGISTRATION

1. An application must ensure uniformity as stipulated in clauses 1 and 4 of article 101 of the Law on Intellectual Property. Each application shall only request registration of one mark used for one of more goods or services.

2. If there are doubts about the reliability of information in the application, the National Office of Industrial Property may require the applicant to file, within one month of the date of such requirement, the following data:

(a) Date proving status of applicant:

(i) Business registration certificate, contract or other data proving the goods such applicant produces or the services such applicant provides as stipulated in article 87.1 of the Law on Intellectual Property.

(ii) Agreement or letter confirming the manufacturer does not use the mark and does not object to such registration by any organization or individual lawfully engaged in commercial activities as stipulated in article 87.2 of the Law on Intellectual Property.

(iii) Establishment decision, licence or organizational charter proving the function of the collective organization or of other organizations with the function of controlling and certifying quality, properties, origin or other relevant criteria of goods or services as stipulated in article 87.3 and 87.4 of the Law on Intellectual Property.

(iv) Agreement or licence or other proof that two or more organizations or individuals have the right to jointly register the mark as stipulated in article 87.5 of the Law on Intellectual Property.

(v) Data proving the applicant has the right to register the mark as stipulated in article 87.6 of the Law on Intellectual Property.

(vi) Agreement or letter from the mark owner confirming the applicant has the right to register the mark as representative or agent as stipulated in article 87.7 of the Law on Intellectual Property and article 6 of the Paris Convention on industrial property rights.

(b) Data proving status of representative of underwriter, power of attorney etc. as stipulated in clause 3 above.

(c) Data proving right to use or register a mark with special signs:

(i) Details of the sign as stipulated in clauses 2 or 4 of article 73 of the Law on Intellectual Property;

(ii) Details of the matters as stipulated in clause 5 of article 73 of the Law on Intellectual Property;

(iii) Details of the signs entitled to protection of other persons as stipulated in clause 2(n) of article 74 of the Law on Intellectual Property.

(d) Data proving priority right;

(e) Information necessary to clarify contents of regulations on use of a collective mark, of regulations on use of a certification mark, or contents of other items in the application.

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