Newsletter
Taiwan: New Examination Guidelines on Trademark Application Procedures
The Trademark Act in Taiwan adopts the registration protection principle. In other words, one must apply to the Intellectual Property Office (IPO) for registration. After the trademark application is approved and the registration of the mark is published, one may obtain the rights in the trademark covering the scope of designated goods or services and may also be invested with the exclusive rights to preclude others' rights
As noted, the prosecution of trademark registration involves numerous procedures, whether from filing to the IPO's approval or disapprove or even to the payment of registration fees. If the applicant or applicant's trademark agent fails to comply with relevant regulations, it may result in the delay of and an obstacle to the examination procedure, the rejection of the application, or the loss of the right to claim priority claim. The occurrence of the above would cause significant impact on the applicant's rights and interests.
The IPO, on 19 October 2018, promulgated the "Examination Guidelines on Trademark Application Procedures", which contains 15 chapters including filing and withdrawal of an application, application fees, trademark application form and filing date, priority and exhibition priority, applicant, trademark agent, reproduction of the trademark, designated goods and services, advance notice of reasons for disapproving a trademark application and approval decision, issuing letter of consent for co-existence of trademarks, division and restriction of a registered trademark, amendment and correction of application particulars, service of process, calculation of period and restoration to the status quo ante.
The Guidelines provide trademark applicants and trademark agents a comprehensive reference to have knowledge of the relevant procedures of trademark application requirements, and also well protect the rights and interest of the trademark applicants and improve the examination efficiency of trademark registration applications.