Monday, November 14 2022   \  Published by Deep & Far Attorneys-at-Law.

Revisions to the Examination Guidelines on Distinctiveness of Trademarks Took Place in September in Taiwan

Revisions to the Examination Guidelines on Distinctiveness of Trademarks Took Place in September in Taiwan

To enhance the examination principles for distinctiveness of various types of trademarks, the Taiwan Intellectual Property Office has promulgated revisions to the Examination Guidelines on Distinctiveness of Trademarks. TIPO has made the revisions to ensure that the basis on which distinction is determined for trademarks aligns with current market transactions. The main revisions are as follows:

1. More details have been added to the different composition patterns of foreign alphabets. Reference examples for determining whether descriptions are designed and distinctive have been provided.

2. Assessment criteria and examples for alphanumeric combinations and numbers have been added.

3. Examples of popular graphics, purely informational graphics, and commercial design graphics have been added.

4. Criteria for country names, geographical images, and geographical names used in descriptions of product origin as well as misleading use or misrepresentation have been added.

5. Assessment criteria and reference examples for names and portraits of well-known public figures who are recently deceased have been provided.

6. Revised criteria for slogans, common words, new terms and idioms have been added.

7. Trademark graphics which include the full name of the company or domain names are considered strictly informational in order to prevent affecting the certainty of the scope of trademark rights and the function of correctly indicating the source of the product or service in the event that trademark rights are transferred or there is a change of name after registration. Deep & Far

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