The Taiwan Intellectual Property Office has revised the abovementioned examination guidelines to help businesses better understand the Geographical Marks protected under the Trademark Act and subsequently enhance the quality of patent examinations. The main highlights of the changes, which took place on October 1, 2022, were as follows:
1. The name was revised to the Examination Guidelines on Certification Marks, Collective Membership Marks, and Collective Trademarks in order to reflect the sequence of the provisions.
2. A chapter on Geographical Marks was added to explain the registration process in Taiwan for the application of a geographical certification mark and geographical collective trademark.
3. Regarding the applicant’s declaration of not owning a business that is involved in the manufacturing or marketing of goods or services of the kind being certified, the applicant will be forbidden from registering a trademark in the same scope. Otherwise, the applicant will be considered in violation of impartiality and the terms of the declaration
4. When applying for a certification mark, the applicant is permitted to list the overarching category in the name of the product or service being certified. However, to ensure that the name clearly corresponds to the conditions of use set forth in the regulations governing the use of certification marks, as well as to facilitate applications for the utilization of certification marks by any third parties, TIPO has followed the international trend and requires that the names of products and services abide by the NICE classification system.
5. The names of the products or services listed for products or services being certified should match what is listed in the regulations governing the use of the certified mark and the application and shall not extend beyond the scope listed therein.