New Enforcement Rules come into force


The Enforcement Rules of the Trademark Law came into force last month, following the implementation of the law itself on November 28 (See Taiwan promulgates new, broader trademark law).

The main changes brought in by the Enforcement Rules are as follows:

  • Since the registration of single-colour marks, three-dimensional marks, sound marks and collective marks for goods and services is only available under the new Trademark Law, if priority is claimed for these new categories based on an application filed before November 28 2003, the date of priority will be November 28 2003.

  • Power of attorney for trademark matters may be granted for, among other things, registration and amendment, as well as in the circumstances of single or multiple case disputes.

  • In addition to the trademark owner, a licencee may apply for the trademark licence to be recorded if it can provide the licence agreement.

  • The documents submitted to fight off an opposition, invalidation or cancellation action will be copied and delivered to the party that has filed the action.

  • The formality requirements for the registration of new types of marks (eg, single-colour marks), division of trademark rights, renewal of rights (which no longer requires proof of use), are also enumerated in the new rules.

Kwan-Tao Li, Lee and Li Attorneys at Law, Taipei

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