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商標法Trademark Act

Learn in the textbookThe Copyright Act and the Industrial Property Right Laws

DefinitionThe Trademark Act (商標法) protects, through registration, the words, figures, symbols, and other marks used to tell goods or services apart from those of other companies (trademarks, 商標).

ExplanationTrademarks are attached either to physical goods or to services (役務), in which people or organizations provide work. Because a mark builds up trust in the business the longer it is used, the right lasts 10 years from registration but can in effect be held forever through repeated renewal. This sets it apart from the other industrial property rights, which expire when their term ends.

AnalogyJust as a regular customer picks up a product on sight of the logo, knowing it is from the usual shop, this right keeps others from hijacking the trust built up in that mark.

Memory hookThe 標 in 商標 is the one in 標識 (signpost), meaning a marker. Read the name as the law that protects a business's marker.

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