TIPS^®  Taiwan Intellectual Property Special

New Enforcement Rules of the Trademark Law Took Effect  on December 12, 2003

After the newly amended Taiwan Trademark Law took effect on November 28, 2003, the accompanying Enforcement Rules of the Taiwan Trademark Law (Trademark Enforcement Rules) were promulgated on December 10, 2003, and became effective on December 12, 2003. The major amendments to the Trademark Enforcement Rules are as follows:

1. As the new Trademark Law recognizes the registrability of single color marks, sound marks and three-dimensional marks, the Trademark Enforcement Rules provide the registration requirements for such non-conventional marks. Moreover, the Trademark Enforcement Rules

stipulate that, where a priority right is claimed with respect to such trademark, the earliest priority date shall be November 24, 2003; if any application for non-conventional mark claims priority right earlier than said date, it shall have November 24, 2003 as its priority date.

2. A general power of attorney can be used for an applicant in respect of all maters relating to present or future trademark applications. A photocopy of such power of attorney can be used in subsequent procedures.

3. The requirements of license and sublicense recordation are relaxed. The applicants for such recordation are no longer limited to the licensors. Furthermore, the documents of licensing proof is not necessary the license agreement only. Other evidential document that can prove the existence of the licensing is also acceptable.