Joint ownership of trademark rights now available in Taiwan

The Taiwan Intellectual Property Office (TIPO) has decided to accept trademark applications filed in the name of multiple owners and published its Guidelines on Joint Ownership of Trademarks on July 13 2006.

The main points set out in the guidelines are as follows:

• Joint owners should appoint a representative from among themselves. If no representative is appointed, the first owner listed on the application form will be deemed to be the representative of the joint owners.
  
  
• The following acts in relation to joint-ownership marks must be consented to by all joint owners:
  
  
  • renunciation;
    
    
  • assignment;
    
    
  • division;
    
    
  • licensing;
    
    
  • creation of a pledge over trademark rights;
    
    
  • limitation of the designated goods and/or services; or
    
    
  • change of joint particulars.
    
    
• All applications filed by joint applicants are subject to the same government fee standards that apply to those filed by a single applicant.
  
  
• If a trademark agent is appointed, service directed to such agent is deemed service directed to all joint owners. Where no trademark agent is appointed, service directed to the representative of the joint owners is deemed service directed to the other joint owners.
  
  
• The TIPO will issue only one registration certificate for a joint-ownership trademark registration.

Kwan-Tao Li and Joseph S Yang, Lee and Li Attorneys at Law, Taipei