【Trademarks】2022 Major Trademark Events of Taiwan
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The end of 2022 is near. Despite the influence of COVID 19, the relevant trademark systems continue to advance in 2022. After the amendment to the Examination Guidelines on "Likelihood of Confusion in 2021, the Intellectual Property Office (TIPO), MOEA, has also revised some trademark practices this year. The major contents of revision are as follows:
- Establishment of “Net Zero Emission Certification Marks” section on TIPO website:
In response to the global trend of carbon emissions for sustainable development in co-existence with the environment, TIPO has immediately established the “Net Zero Emission Certification Marks” section on its website for consumers to search for information such as the name of marks and registration numbers with links to the dedicated website of corresponding certification marks with information regarding the application for mark use. With these marks, consumers can choose goods in relation to environmental protection, carbon reduction, and energy conservation, and suppliers can also find the corresponding certification marks based on the characteristics of materials, production processes, or the type of energy used. - Addition of “Green Industries” to Handbook of Trademark Application Strategy for Designated Goods and Services for Industries:
TIPO published the Handbook of Trademark Application Strategy for Designated Goods and Services for Industries in 2021 in hope of helping businesses understand the correct selection and designation of goods or services in trademark application. In alignment with the “Net Zero 2050” policy, TIPO has added the “Green Industries” section to the Handbook of Trademark Application Strategy for Designated Goods and Services for Industries. This section covers the following six categories: Green Energy; Clean Energy Transportation; Carbon Credit, Carbon Credit Economics, and Relevant Electrical Energy Transactions; Pollution Handling, Recycling, and Reuse; From Green Building to Zero Energy Building; and Certificates and Marks, Certification Consultation, and Education and Training for Green Industries. Relevant businesses can look up the categories and names for goods and services they designate in trademark application according to the nature of their operations. - Amendment to Examination Guidelines for Goods Distinctiveness taking effect on 1 September 2022:
The previous version of the Examination Guidelines for Goods Distinctiveness was amended and took effect in 2012, and it has been ten years now. While trademark changes as time goes by and alongside the changes in social conditions, trademarks nowadays have transformed from the traditional two-dimensional style into various styles. As a result, the consumer perception and thoughts about trademarks have also changed under social influence. To better define the scope of examination and provide guidelines appropriate to the distinctiveness examination of new-styled trademarks, TIPO has thus amended the relevant examination guidelines and included field cases taking place after the previous version and before the current version to support the new distinctiveness examination guidelines of different styles of trademarks. - Amendment of Examination Guidelines for Certification Marks, Collective Marks, and Collective Trademarks taking effect on 1 October 2022:
Due to the specificity of certification marks, collective marks, and collective trademarks, the required procedures of application for registration and examination requirements of registration are different from that of general trademarks. This amendment has thus updated the contents and provided examples about the ambiguities in practice. - Promulgation of International Classification of Goods and Services (Nice Classification ed. 12-2030):
The World Intellectual Property Organization (WIPO) usually publishes a new edition of Nice Classification every five years. In 2013 it began to publish the new version of the existing edition. This year WIPO has revised the Nice Classification and will publish the 12th edition in 2023. TIPO has thus updated the name of goods and services in the “Name Designation of Goods and Services and Retrieval and Reference Data for Trademark Application” with reference to Nice Classification 12. The amendment shall be implemented on 1 January 2023. - Promulgation of Strategy and Guide for Domestic and International Trademark Deployment
Global competitions are the trend in the actual transaction market, and the trademark is the source marking out goods and services and an important corporate asset for developing goodwill. Hence, trademark deployment has become an important issue to businesses. For businesses to understand more easily the matters for notice in international trademark deployment, TIPO introduces the strategies for domestic and international trademark deployment with easy-to-understand contents and graphs, so that businesses can protect the rights and interests of their trademarks more effectively and comprehensively. - Amendment of relevant trademark application forms and notice for application in response to application for electronic trademark registration in January 2023:
To promote energy conservation and carbon reduction for sustainable development and reduce the printing and delivery costs of paper trademark registration, TIPO will launch the application for electronic trademark registration from January 2023. From then on, after receiving the letter of trademark registration approval, applicants can select paper trademark registration or electronic trademark registration during the two-month payment period of registration fee. The registration fee will be the same for both electronic trademark registration and paper trademark registration.
In the upcoming year, there will be other trademark legal changes in Taiwan, and we will keep track of the changes in practice and provide customers with more and updated information.
