TIPS^®  Taiwan Intellectual Property Special

Newly Revised Draft of Trademark Law

With vigorous business competition, variety of business activities increases. For trademarks are used in the international market, countries all over the world were devoted to the harmonization of the trademark systems. For the needs of domestic business development and to follow the international trends of legislation, the Trademark Law in Taiwan is under a thorough amendment. The major revisions include:

1. eliminating “service marks,” and extending the meaning of “trademark” to cover marks used for services and goods,

2. abolishing the requirement of affidavit of bona fide intent to use,

3. relaxing the formality in claiming priority,

4. recognizing the registrability of sound and three-dimensional marks,

5. broadening the definition of “use” for the trademark purpose to embrace use in e-business and on the Internet,

6. requiring the examiner indicate his/her name on the files he/she examines,

7. broadening protection for famous marks against dilution of goodwill or distinctiveness of the marks,

8. strengthening protection for geographical indication,

9. allowing multi-class applications,

10. changing pre-registration opposition to post-registration,

11. abolishing registrations of associated marks,

12. eliminating the examination of registrability for renewal,

13. providing boarder-control of goods infringing on trademark rights,

14. adding “collective trademark” to use on the goods or services provided by members of a business association, club, or social organization.