IPO Formulates Hearing Procedure to Clarify Trademark Disputes.

Intellectual Property Office (IPO), Ministry of Economic Affairs formulates “Draft Essentials of Hearing Procedure on Trademark Disputes” in accordance with the Administrative Procedure Act in regard to disputes over trademark opposition, invalidation, and revocation, etc. IPO in the future shall notify the concerned parties to attend the hearing based on application or ex officio to enhance administrative efficiency and discover facts and legal issues. This hearing procedure, however, does not make any judgment or decision on the substance of a case.

In the hearing, IPO may conduct investigation and debate to clarify the following issues in regard to trademarks: distinctiveness, generic sign or term, function of the three-dimensional shape of the packaging and the goods, trademark confusion, trademark reputation, and dilution of distinctiveness or reputation of trademark, and the other relationships, geographical indication, certification marks application, market survey report, and trademark as a generic sign used in relation to the designated goods or services as defined in Item 14, Paragraph 1, Article 23 of the Trademark Law. (2004.11)

CYJ/CCS