Associated trademark system set to abolish and retroactive to the past- The MOEA made amendments to the Trademark Law by adding a 3-D trademark system and annulling defensive trademarks gradually

Source: Commercial Times 10/23/99

Translated by Anita Huang

 

 

The Ministry of Economic Affairs (MOEA) has determined to abolish the associated trademark system tracing back to the past under which the associated trademark owners amounting to 100,000 will be ordered to change their trademarks to principal trademarks.

 

The MOEA completed the draft amendment to the Trademark Law on October 14, 1999.  In addition to annulling associated trademarks, it will abolish the defensive trademark system gradually and add a 3-D trademark system under which the interest and right of the current trademark owners nationwide nearly one million will be affected directly.

 

This amendment is considered the largest, adding the articles from 79 to 103 that will bring Taiwan trademark system into a new millennium.

 

The scope of this amendment is extensive, for example, extending the meaning of trademark to encompass commodity and service mark which used to be different concepts.

 

Besides, the existing law merely protects words or characters, drawing, symbol, color composition, or their combination.  However, in the face of today’s vehement commercial activities and rapid changes of the mass media and advertising design, the traditional trademark protection method is insufficient and the draft confers legal protection to 3-D trademarks additionally.

 

To prevent large enterprises from applying for massive associated trademarks to protect their trademark rights that thus disturbs the practical examination, the MOEA determined to abolish the associated trademark system as well as annul the defensive trademark system progressively.

 

After the associated trademark system is abolished, the owners of associated trademarks presently can apply for principal trademarks under new regulations.  After the new law takes effect, the defensive trademarks will be eliminated gradually as a defensive trademark registration has validity duration .

 

According to the draft amendment, trademark examiners are required to affix their signatures, thereby enhancing trademark examiners’ status and increasing their authority and responsibility.

 

Regarding the procedure, the draft also shortens the opposition period.  Under the current system, the opposed trademarks only make 3 percent of the approved trademarks, but the other approved trademarks can be registered upon the expiration of the three-month publication period.  In this connection, the MOEA will shorten the opposition period to two months in an attempt to avoid registration delay.

 

The draft decides that trademark assignment may not influence opposition procedure and that the payment of official fees should be made by installment.   Moreover, the daft secures pledgees’ rights and imposes restrictions of waiving trademark rights. In the future, the trademark review system will be based on the oral debate and a trademark review case will be filed through administrative lawsuit instead of appeal.  The draft will set up a trademark examination commission and provide protection to producing nations depiction and add group trademark and specify the applicable rules.