New trademark Act Effective in Taiwan

18-08-12

Taiwan’s newly amended Trademark Act entered into force on July 1st 2012.

The new Trademark Act, widens the scope of protectable subject matter to allow all forms of sensory signs that are distinctive enough to identify goods or services from others to be registered as a trademark. Some forms of non-traditional symbols are illustrated in the trademark law, such as colours, three-dimensional shapes, motions, holograms and sound, but such examples are not comprehensive.
In the Examination Guidelines for Non-traditional Trademarks, a position mark that highlights a certain drawing, colour or three-dimensional symbol on a particular position of a product or location of a service provider may also be registered. Designs or decorations of a business location and product packaging are categorized as the same type of a three-dimensional shape, and will be examined under the same distinctiveness standard for trademarks. In addition, scent, taste and texture that bring a certain sensation to consumers are also taken into consideration under the Examination Guidelines.

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