The New Trademark Law Is Enforced Today.

The new Trademark Law which was the most thoroughly amended over the years is enforced today. Compared with the old Trademark Law, the revised edition provides that sound and three-D shape shall be considered the components of a trademark; besides, the combination trademark is abolished. Also, the protection trademark will be abrogated step by step. The use of a trademark will be extended from products and plane drawings to digitalized images & sounds and e-media.

 

The Intellectual Property Office (IPO) of the Ministry of Economic Affairs stated that, to be specific, the examination and registration publication of the sound and three-D trademarks must be presented in a visual-perceivable form. For instance, sound trademarks can be presented in staff or other musical notations. Three-D trademarks can be presented in a perspective drawing or other drawing forms.

 

In addition, to provide convenience to the applicants, the new Trademark Law stipulates that an application can designate several categories or service, which will eliminate a lot of processing procedures.

 

In order to effectively avoid anyone from using the trademark registered by any other person as its company name, product name or domain name, IPO expressed that the new law has definitely forbidden the aforementioned conducts in response to the coming of internet age. Other amended articles include “ the representation of the trademark is broadened” and “the representation of products or service will be considered a trademark”. Besides, articles concerning agency, date, duration, service, the announcement of the information held by the Trademark Authority, written or electronic applications, withdrawal and so on shall be amended subject to the Law of Administrative Procedural. Furthermore, the names of examiners shall be given in the written decision; the protection of well-known trademark shall be strengthened; the registration fee is adjusted and the fee can be paid by installments; the scope of validity regarding the exclusive right of trademark is specified; the measures of frontier controlling concerning the articles infringing the trademark right is specified, too. (2003.11)

CYJ/ WYL