Operational Procedures for Trademark Advisory Opinion Cases (2004.5.1. implemented)

Amended and promulgated on April 28, 2004
Implemented on May 1, 2004

1. Trademark advisory opinion cases shall be examined, in principle, in accordance with the Trademark Act, the Trademarks Regulations, and the Trademark Examination Guidelines.

2.Trademark advisory opinion cases are accepted only if they are requested by a juridical authorities or government administrative agency. Applications from private parties will not be accepted.

3. The competent authority shall designate examiner(s) to examine trademark advisory opinion cases. Upon receipt of such letter from the said juridical authority or government administrative agency, the examiner shall inquire the chief of the competent section of the trademark division to designate three or more persons to be the advisory opinion committee and to give advisory opinions.

4. The advisory opinion committee shall provide opinions from the view of an administrative examination agency based on the enclosed evidence such as the objects and photographs and relevant information as to the cited registered trademark. An advisory opinion report shall be made by a majority vote of the advisory opinion committee, and be sent to the requesting authority as a response.

5. If any member in the designated advisory opinion committee is required to disqualify himself/herself from the case pursuant to Articles 32 and 33 of the Administrative Procedure Act, it must be reported and a new designation shall be made.