TIPS^®  Taiwan Intellectual Property Special

New “Examination Guidelines for Distinctiveness of Trademarks.”

For the examination process, the TIPO made amendment for the previous “Examination Standards for Distinctiveness of Trademark,” and change the name to “Examination Guidelines for Distinctiveness of Trademarks.”

In the Guidelines, the distinctive trademarks are divided into 3 groups: (1) fanciful marks, (2) arbitrary marks, and (3) suggestive marks. Marks without distinctiveness include (1) generic marks, which are unregistrable, and (2) descriptive marks, which may be registrable if distinctiveness can be proved by use of the marks. Types and examples are inserted to demonstrate trademarks lacking distinctiveness, as well as distinctive trademarks. The new Guidelines were promulgated on December 22, 2001.