Direct from the strait: 2011’s greatest hits in Taiwan

China and Taiwan get reciprocal

The priority date, which is the earliest filing date claimed on the counterpart application, may be traced back to the effective date of the agreement between Taiwan and China ie, September 12, 2010.

Taiwanese enterprises/individuals and mainland Chinese enterprises/individuals can now file applications in Taiwan first, and then claim the subsequent application in mainland China for the same priority date, or vice versa.

"THE NEW REQUIREMENT ENABLES THE LIKELIHOOD OF CONFUSION FOR TWO TRADEMARKS TO BE ULTIMATELY DETERMINED BY THE ACTUAL USE OF THE MARKS AND THE RECOGNITION OF RELEVANT CONSUMERS IN THE MARKETPLACE."

If the applicant is a foreign-based entity, it may file in mainland China first and then claim local priority for its Taiwan trademark, patent or plant variety, as Taiwan unilaterally acknowledges the claim based on World Trade Organization agreements. However, foreign applicants that do the opposite will not receive the acknowledgement, according to the Provisions for Claim for Priority of Applicants of Trademark Registration in Taiwan, a new document from the competent authority in China.

Taiwan amends trademark act

Taiwan’s legislative arm (the Legislative Yuan) passed an amendment to the country’s trademark act on May 31, 2011.

The amendment has revised 71 articles, added 26 and deleted nine. The trademark act now has 111 articles. The new amendment: