Procedures of Assistance in Handling Cross-Strait Trademark Matters Amended

For actualizing the mechanism of assistance in handling cross-strait trademark matters as stated in Article 7 of the Cross-Strait Agreement on Intellectual Property Right Protection and Cooperation (Chinese: 海峽兩岸智慧財產權保護合作協議) and also for enhancing the effectiveness of performing the said mechanism, Taiwan IPO announced the “Guidelines for Assistance in Handling Cross-Strait Trademark Matters” (Chinese: 兩岸商標協處作業要點) on October 19, 2011 which mainly sets forth the procedural matters and therefore it is further renamed as “Procedures of Assistance in Handling Cross-Strait Trademark Matters” (Chinese: 兩岸商標協處作業處理程序).

The newly amended Trademark Law of the PRC took effect on May 1, 2014.  In this regard, some amendments have been made to the “Procedures of Assistance in Handling Cross-Strait Trademark Matters” for citing relevant provisions and Chinese terms of the PRC’s Trademark Law.  For example, “reexamination of opposition decision” and “dispute” have been amended as “reexamination of disapproval decision on a trademark registration application” and “adjudication of cancellation of a registered trademark”. 

To reinforce trademark protection for Taiwanese businesses and entities in China, in practice, the requirements for filing a request for assistance include the matters/circumstances where Taiwanese businesses/entities encounter unfair treatment or Chinese relevant agency’s violation of relevant Chinese laws and regulations and relevant standards of trademark examination and examination standards.  Moreover, additional matters/circumstances sufficient for filing a request for assistance are also specified and added in the amendment.  (March 2015)
/CCS