Taiwan Trademark 101 Series, Distinctiveness Managing Partner Dr. Kuohua Fan | Senior Associate James Y. Chang
1. Trademarks Distinctiveness
The main function of a trademark is to identify the source of goods or services. If a sign cannot identify and distinguish goods or services, it does not have the trademark function and the registration cannot be approved. Distinctiveness is an important requirement for registration of a trademark [1] . The details of distinctiveness are as follows:
標示專利證書號的效果 The effect to mark the serial number of patent certificate / Patent Attorney Jerome Lin |Patent Engineer Meng-Xuan Lin
當專利獲准時，專利專責機關會頒給專利權人具有專利證書號的專利證書。將專利證書號標示在商品上，除了具有宣示作用之外亦具有廣告作用。一方面是向社會大眾宣示此商品具有專利權，未經專利權人同意即製造、販賣會有專利侵權問題；另一方面民眾一般認為擁有專利權的產品於技術內涵上必定有一定之水準，故又有廣告宣傳的作用。而將專利證書號標示在商品上，是專利權人的權利還是義務，各國有不同的見解。
When such patent is granted, the Patent Authority shall mark the serial number of patent certificate on his/her patented article. Such serial number of patent certificate would be marked on products for declaration and advertisement purposes. On the other hand, it is to declare the public that such product has its patent right, the patentee of a utility model shall have the exclusive right to preclude other persons from manufacturing, offering for sale, selling, using, or importing for such purposes such patented products without his/her prior consent. In addition, the general public believes that if such products have its patent right; it generally means that such product has its standard quality. This is another way of advertisement. Therefore question arises as to whether to mark the serial number of patent on his/her patented article is considered as its right or obligation, every country has its own different interpretations.
