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May 1, 2012 Vol. 67 No. 9 Back to Bulletin Main Page

TAIWAN: Amendment to Trademark Act Will Come into Effect July 1

Following promulgation of the amendment to the Trademark Act on June 29, 2011 (as reported in INTA Bulletin Vol. 66, No. 14, August 1, 2011, the Executive Yuan announced on March 26 that the new Act will come into effect on July 1, 2012.

The newly amended Act extends protection to more nontraditional marks, such as motion and hologram marks; recognizes online trademark use; and accepts priority rights based on exhibition. Further, a letter of consent is no longer guaranteed to prevent citation of conflicting prior rights, and proof of use of a trademark will be required to support a cancellation action based on a prior trademark registration. In addition, provisions have been added to enhance protection against trademark infringement and to strengthen enforcement of border control measures.

Although every effort has been made to verify the accuracy of items in the INTA Bulletin, readers
are urged to check independently on matters of specific concern or interest.

© 2012 International Trademark Association