Friday, October 20 2023   \  Published by Deeo & Far Attorney.

Taiwan Proposes Changes to the Trademark Act

Taiwan Proposes Changes to the Trademark Act

The Taiwan Intellectual Property Office (TIPO) has proposed a draft Amendment to the Trademark Act which is currently being deliberated on by Taiwan’s Congress. A change to the opposition and invalidation process by consolidating it into a single procedure is currently being considered. Some of the main points are as follows:

1. The qualification and grounds for filing an invalidation action will be relaxed and therefore any party is entitled to file an invalidation action based on any absolute non-registrable grounds stipulated in the Trademark Act.

2. A Trademark Trial and Appeal Board (TTAB) will be set up within the TIPO to examine invalidation cases on the basis of a complete adversary system and through oral hearings. When a party appeals the TTAB’s decision, it will be the opposite party rather than the TIPO to be named the defendant, and the appeal will be heard by the IP & Commercial Court (the IPC Court). This will streamline the current system and be less costly to the relevant parties.

3. The Taiwan IPC Court will be the centralized forum dedicated to solving IP disputes, and will exercise both first instance and appellate jurisdictions in terms of civil IP lawsuits. 2 4. The Examiner is not obliged to reply to any third party observation, but the third party still has the right to file an invalidation action against the trademark once it is registered. 

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