Advantages for Trademark Registration
By Yuan Jie, Cheng (Attorney-At-Law)
1. Protection covered once trademark is registered
Taiwan employs a first-to-register system for trademark protection. Therefore, once such trademark obtained its trademark in compliance of law after registration, the registered owner can use its registered trademark exclusively or to authorize such trademark to others. In addition, the registered trademark can exclude others from using the same kind of goods or similar goods shall apply for registration of an associated trademark. Therefore, if you want to gain legal protection of your trademark, you must register such trademark by law. Such protection would cover its protection in the whole country.
2. Damages claim for trademark infringement
If anyone used its trademark without authorization from trademark owner, there are possibilities that you have infringed trademark owners’ right in terms of its usage, gaining or trademark infringement. If you are the trademark owner, you could exclude or to prevent such trademark infringement and to request for damage claim from people who has infringed your right intentionally or by negligent.
3. Trademark has its own property value
Trademark is treated as property. Registered trademark can be resold or to be perceived as “good quality” so as to increase its value of assets, which is why it is necessary to register its trademark to reach its maximum value. If you chose not to register such trademark, which later such trademark is widely used, such trademark may become generic trademark that allows public to use such trademark legitimately. In result of this, it lost its trademark owner’s original intent to maximize its trademark value exclusively.
To prevent confusion, cybersquatting, phishing and other malicious acts
Once trademark is registered, it is enforceable by law. By doing so can prevent others to register the same or similar trademark or for others to register such trademark rights before you. This will cause its trademark owner much distress to preserve its right with protection. Therefore trademark owners should combat this by counterfeiting in accordance with the trademark owner’s identity so as to prevent any criminal violation.
Benefits for trademark registration does not only protect the existing trademark from infringement, but to gain its trademark market value. It also protects its trademark not to be used by others so as to maintain its product’s creditability and image. Registered trademark does not only enhance consumer’s sense of identity, but to maintain its value of brand and image for which would assist its corporation to reach out further in terms of its growth and expansion.
 What are the benefits for trademark registration? Ministry of Economic Affairs Intellectual Property Office.
 Trademark Recognition, Ministry of Economic Affairs Intellectual Property Office, page 3, https://www.tipo.gov.tw/ct.asp?xItem=535857&ctNode=7078&mp=1
 Trademark Recognition review benchmark, page 6, release by the Ministry of Economic Affairs granted 09720031750 Chi Zi Decree set release, Republic of China on December 31 1997. Takes effect on 1st of July 2013. For consumers, generic trademark or its brand name only indicate its goods or services from general industry’s point of view. It is used to identify its distinguish from its resource and functionality. For example, "red, blue and white tricolor rotating neon" is treated as general trademark used by hair and beauty salon. "Pistachio" is known as pistachio fruit. “Arabica” is the name of the coffee tree. It makes it hard for consumers to identity its sources directly. In order to prevent such confusion, it is to prevent from gaining such exclusive privilege of possessive right to influence its fair trade competition or to interfere with others using the term ‘litigation’; therefore registration as such is prohibited.
 Understand Trademark, Ministry of Economic Affairs Intellectual Property Office, page 3.