Long-awaited amendments to Taiwan's Trade Mark Law will take
effect on November 28, six months after they were promulgated by
the president's office on May 28.
The changes affect wide areas of trade mark law, including
registration, trade mark assignment and licensing, renewal and
infringement.
Changes to registration practice will mean that prospective
trade mark owners will be able to apply for three-dimensional,
sound and single-colour marks and electronic filing will also
become available.
Another change will see the recognition of trade mark dilution,
and geographical indications protection for alcoholic drinks will
be allowed. Multi-class applications will also be possible.
Anyone will be able to oppose a trade mark application within
three months of the application being published. Formerly, a
pre-registration opposition system existed in Taiwan. A trade mark
may also be cancelled if it has become generic.
In addition, a trade mark registration may be divided into two
or more registrations based on the goods or services
registered.
Trade mark infringement will include any act that dilutes or
affects the reputation of a registered, well-known trade mark.
Likelihood of confusion must be proven in a case where two marks
are similar.
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