Pursuing a fair and balanced trademark protection in Taiwan

01-08-2011

Crystal Chen & Yiling Liu

On May 31, 2011, the Legislative Yuan passed an amendment to the Trademark Act, which was revised in 2003.

On May 31, 2011, the Legislative Yuan passed an amendment to the Trademark Act, which was revised in 2003. The amendment has revised 71 articles, added 26 and deleted nine, resulting in a total of 111 articles in the Trademark Act.

The promulgation date of the amendment is to be determined after corresponding measures are completed. In the amendment, the 2009 Singapore Treaty on the Law of Trademarks (STLT) influenced the following matters:

• Relaxing protectable subjects for trademarks—the amendment allows any signs that have met the distinctiveness requirement of a trademark to be registered and protected under the trademark law. Non-conventional signs, including motion marks and hologram marks, are subject to registration protection so long as the relevant consumers recognise them as indications of origins of goods or services.


Taiwan, Trademark Act, amendment, STLT

WIPR