經通國際智慧產權事務所

Due to the rapid growth of retail service industry in Taiwan during recent years, the TIPO (Taiwan Intellectual Property Office) plans to amend the Main Points for Examination of Service Mark Applications for Retail Services so that the virtual shopping channels including television shopping, online shopping and mail orders can be protected by the trademark law.

According to the Main Points for Examination of Service Mark Applications for Retail Services published in 1998, the services are categorized into the retail of general goods and the retail of specific goods. However, the retail industry in Taiwan has evolved into new varieties. Thus, the TIPO will redefine the retail service to include any form of concentration of products for the consumers’ ease of browsing and shopping.

A government official pointed out that while the ordinary trademarks indicate the source and quality of the products, a service mark indicates the services provided during the course of selling the products. However, as the retail services are rather abstract, some service mark applications designated a great deal of services in addition to the services of actual use. Therefore, in order to maintain the fair market competition, the TIPO will charge the official fee of filing a service mark application according to the number of items of designated services.

Source from LAWBANK

Organized and translated by Akina Pan

International Affairs