經通國際智慧產權事務所

Trademark Law amendments have been promulgated by the President of the Republic of China on May 28, 2003 and will be effective 6 months after which is Nov. 28, 2003.

Some main important changes are as follows:

1. Adopt multiple class application
2. Trademark application division system introduced.  A trademark application may be divided into two or more applications based on the designated goods or services upon the applicant’s request and the filing date of the original application would also be the filing date of the divided applications.
3. Trademark registration fee added. Registration fee shall be attended within 2 months after receiving the approval decision in order to proceed to the registration publication, otherwise the registration would be deemed invalid.
4. The registration fee may be made in two installments.
5. Substantive examination for trademark renewal is abolished.
6. Post registration opposition adopted.  Trademark opposition period would be 3 months after the registration date.
7. Associated trademark system is revoked.  Defensive trademark system will gradually be revoked as well.
8. Delete the rule that the applicant for a trademark registration shall have the intention of using such trademark.

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