A liberal atmosphere under the new trademark act


Crystal Chen

Taiwan’s newly amended Trademark Act entered into force on July 1, 2012, a year after the promulgation date.

The new act seems to promote a liberal and welcoming atmosphere for brand owners who would like to conduct business in Taiwan.

In line with international trends, the new Trademark Act, among other things, enlarges the scope of protectable subject matter to allow all forms of sensory signs that are distinctive enough to identify goods or services from others to be registered as a trademark. Some forms of non-traditional symbols are exemplified in the trademark law, such as colours, three-dimensional shapes, motions, holograms and sound, but such examples are not exhaustive.

Under the recently published Examination Guidelines for Non-traditional Trademarks, a position mark that highlights a certain drawing, colour or three-dimensional symbol on a particular position of a product or location of a service provider may also be registered.

Taiwan, Trademark Act