Guidelines for Hearings in Trademark Dispute Cases come into force
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Guidelines that aim to improve the standard of decision making at the Taiwan Intellectual Property Office (IPO) came into force on February 18. The new Guidelines for Hearings in Trademark Dispute Cases outline a new oral hearing procedure for trademark opposition, invalidation and revocation cases.
The main points set out in the guidelines are as follows:
- A hearing may be held at the discretion of the IPO or upon application by an interested party to clarify issues such as the distinctive quality or generic nature of the trademarks involved or evidence relating to market surveys or trademark use.
- An examiner-in-charge will be responsible for, among other things, requesting evidence, summoning witnesses and making necessary investigations.
- A hearing may be suspended if new evidence is submitted that requires further investigation or if both parties are willing to settle the dispute amicably.
- The examiner-in-charge shall prepare a transcript recording, among other things, statements, documents and evidence submitted by the parties concerned and their attorneys.
- An administrative decision rendered after a hearing shall not be subject to appeal proceedings before a higher administrative authority within the IPO. Appeals must be brought before the Administrative Court.
For more information, see Draft Guidelines for Hearings in Trademark Dispute Cases issued.
Kwan-Tao Li, Lee and Li Attorneys at Law, Taipei
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