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Amendments to Trademark Laws

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Mai 05, 2024
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Amendments to the Trademark Act Effective

In response to industry and trademark examination practice in Taiwan, as well as to ensure a comprehensive regulatory environment and make relevant adjustments where necessary, draft amendments to the Trademark Act were promulgated in May 24, 2023 and took effect on May 1, 2024.

Amendment highlights include:

1. Established a mechanism for the registration and management of trademark agents.
2. Introduced mechanism for accelerated examination.
3. Clearly defines eligibility for trademark applicants.
4. Clarify the scope of rights for a trademark while part of its reproduction with functional aspects.
5. Clarify nominative fair use, prior good-faith use, and exhaustion of rights that are not bound by trademark rights, in accordance with the application of judicial practices.
6. Loosen the requirement for trademark proprietors to identify infringement at Customs.