TIPS^®  Taiwan Intellectual Property Special

Operation Procedures for the Hearing of Trademark Dispute Cases

Under the present practice for trademark dispute, i.e. invalidation, opposition and cancellation, the interested party initiates the proceeding before TIPO, and there is no oral argument in the proceeding. If any party is in dissatisfaction with the outcome of the proceeding, it has to bring an administrative appeal before going to the Administrative Court.

Pursuant to the Administrative Procedural Law, TIPO promulgated on February 15, 2005, the “Key Points for the Operation Procedures for the Hearing of Trademark Dispute Cases” (the Operation Procedures”). The purpose of the hearing is to provide the parties in trademark administrative dispute with an opportunity for the oral argument, and to enable the examiner to consider the oral argument between the parties along with the facts and evidence presented in the hearing before reaching a decision.

The Trademark hearing is an administrative hearing, rather than a judicial hearing, and it is a public hearing. The evidence presented in the hearing, the hearing procedure, the statements of opinion and arguments made by the parties, and the content of the decision will be made publicly available. The hearing can be initiated or terminated upon the request of the parties, and also be conducted by the TIPO ex officio. The request for a hearing can be made any time before the TIPO reached a decision for the trademark dispute and there is no official fee for requesting a hearing. The TIPO will issue a written notice to the parties and the known interested parties of the hearing 20 days prior to the hearing date, unless otherwise agreed by the parties and interested parties. Nevertheless, In case the TIPO determines that a party’s requested hearing is unnecessary, it should state the reason for not holding a hearing in the decision.

To appeal against a TIPO’s decision made after the hearing, the party can skip the “administrative appeal” stage before it is brought the Administrative Court.