Taiwan is to introduce a new Trade Mark Law which is due to enter into force on 28 November 2003. The new Law has been introduced as a consequence of Taiwan?s membership of the World Trade Organisation since 1 January 2002 and incorporates many provisions of TRIPS. Among the major changes will be:
Broader definition of a trade mark, to incorporate sounds & 3-dimensional trade marks
Protection for famous marks. Registration of trade marks which would dilute the distinctiveness or reputation of a famous mark is not allowed, even for dissimilar goods or services
Multi-class applications will be possible
Opposition after registration, with an unextendable term of 2 months from publication
Abolition of association
Abolition of defensive marks
Abolition of substantive examination on renewal and requirement to prove use on renewal
Registration of certification and collective trade marks will be possible. Further information about the new law in Taiwan will be posted on the website as and when it is received.