經通國際智慧產權事務所

In response to Ministry of Health and Welfare’s new revision of Specification for Cosmetics for Specific Use under “Cosmetics Hygiene and Safety Management Act”, TIPO has announced that the designation on the groups of goods for “medicated toiletry preparations; medicated shampoos” and “medicated mouthwashes” in class 5 will no longer be acceptable from January 1, 2021.  Details are as follows:

(i)    the designated goods “toiletry preparations; after-shave lotions; shampoos; mouthwashes, etc.” for a trademark application under class 5 shall be classified as medicines in nature and the indication of “for medical use” is needed for differentiation.  Factual use of trademark on such goods should comply with relevant regulations of the Industry Competent Authorities such as Ministry of Health and Welfare.

(ii)   the descriptions of designated goods “medicated toiletry preparations; medicated shampoos; medicated mouthwashes” of the existing registered trademarks under class 5 shall no longer be used as the product names in the market.

(iii)  the factual use of a registered trademark on the products “medical after-shave lotions, medical shampoos, medical toiletry preparations, medical mouthwashes” shall be deemed identical to the designated goods “medicated toiletry preparations; medicated shampoos; medicated mouthwashes” as registered.
 

Intellectual Property Office Ministry of Economic Affairs, R.O.C.