October 15, 2024 Copyright ©️ 2024 by goldkeen International Patent & Trademark Joint Office

 

 

Did you know the “85°C” trademark isn't actually owned by the company Eighty-Five Degrees C Inc.?
If you're planning to expand your brand through franchising, read this first!

1. Principle: File Your Trademark Before Launching Marketing

It doesn’t matter if your company name wasn’t chosen by a feng shui master.
But your trademark name must be checked to ensure no prior trademark applications exist.

2. Company Name and Trademark Name Follow Different Legal Procedures

A “company” is registered with the Department of Commerce in Taiwan, and may be listed as a company or sole proprietorship.
A “trademark” is reviewed and registered by the Intellectual Property Office.
If a similar or identical trademark already exists under the same category, your application may be rejected.

 

Once your company is registered, you gain a legal entity that can issue invoices.
A trademark can be registered under an individual or a company.
So, one company may own multiple brands.
For example, Gourmet Master Co. owns trademarks for “85°C”, “SECRET CAKE”, and more.

3. If You Want Your Brand Name to Be Successfully Registered as a Trademark, Keep These 3 Tips in Mind

① Ensure the name has distinctiveness—meaning avoid purely descriptive terms related to your industry.
For example, a noodle shop shouldn't be named “Delicious Noodles,” and an egg cake store shouldn’t be called “Grandpa Egg Cake.”
Names that combine product types with titles or locations are also ineligible for exclusive trademark rights.

② Avoid using names of well-known or internationally famous brands, even if not registered locally.
These may be challenged later and get rejected due to conflicts with established brand recognition.

③ Conduct a proper trademark search within your intended class to check if similar or identical names already exist.
This helps prevent future rejection or accidental infring

ement of competitors’ rights.

 

So if you're planning to start a company, and your brand name passes the trademark check, be sure to also search Google and Facebook to see if anyone in the same field is already using the name.
You don’t want to be excited about a name, only to find out later it already belongs to a long-established business—creating brand confusion.

Next, you can use online tools to check stroke counts for the company name or consult a trusted fortune-telling master (a common local practice).
For example, if your brand is Goldkeen and you’re planning to open a breakfast chain, you might look into names like:
Goldkeen International / Goldkeen Enterprise / Goldkeen F&B Co., Ltd.
Choose the full company name whose character stroke count aligns best with favorable outcomes before officially registering it.

 

Important Note:
When establishing a company, there's a name pre-check process.
According to Article 3 of the Business Name and Scope of Operations Pre-Check Review Regulations,
once a name is approved, it is reserved for two months.

However, trademark applications do not have any reservation mechanism.
As long as the IP Office is operating, applications can be submitted at any hour, any day, and someone might file a name highly similar to yours even right after you checked it.

The Intellectual Property Office does not provide a paid reservation option for pre-check results.
This is why we always say: register your trademark before you begin marketing.
Your trademark is your most important intangible asset.

 

Is your trademark already protected?
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