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Amendments to Trademark Laws

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Nov 17, 2022 (Newsletter Issue 16/22)
Taiwan
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Examination Guidelines on Certification Marks/Collective Membership Marks/Collective Trademark


On 1 October 2022, the amendments of the Examination Guidelines on Certification Marks, Collective Membership Marks, and Collective Trademarks became effective. The Taiwan Trademark Office (TIPO) informs about the main revisions:

I. The name of the Guidelines changed to “Examination Guidelines on Certification Marks, Collective Membership Marks, and Collective Trademarks” to reflect the sequence of the provisions.

II. A separate chapter on “Geographical Marks” has been added to promote and explain the registration process for the application of geographical certification marks and geographical collective trademarks.

III. Regarding the applicant’s declaration that he/she does not own a business that is involved in the manufacturing and marketing of goods or provision of services of the kind being certified:

i. Clear stipulations forbidding the applicant from registering a trademark in the same scope of the product or services being certified. Otherwise, the applicant is considered in violation of impartiality and the terms of the declaration.

ii. The applicant may, given that he/she fulfills the other requirements, apply to register another trademark outside of the scope of the product or services being certified.

IV. The use of the certified mark should clearly indicate the name of the products or services being certified:

i. When applying for a certification mark, the applicant is permitted to list the overarching category in the name of the product or service being certified (e.g., food, electronics, etc.). However, TIPO requires that the names of products and services abide by NICE classification and be included as an annex in the regulations governing the use of certification marks for ease of publication.

ii. The names of products or services listed for “products or services being certified” should match what is listed in the regulations governing the use of the certified mark and the application and shall not extend beyond the scope listed therein.

V. Examples to illustrate the principles by which to determine what constitutes “obviously improper” – a term used in Article 30, Paragraph 1, Subparagraph 10 of the Trademark Act – with regards to the registration of certification marks, collective membership marks, and collective trademarks.

VI. Additional case studies are added based on supplementing the content for ease of understanding.

For more information, please click here

Source: www.tipo.gov.tw