To promote public awareness of the Trademark Act, TIPO published the Article-by-Article Interpretation of the Trademark Act in 2004 and has continued to revise it in response to amendments to relevant laws. After the previous revision (January 2017), the attached list to Article 19 of the Enforcement Rules of the Trademark Act and the infringement identifying process in Article 7 and 9 of the Regulations Governing Customs Measures in Protecting the Rights and Interests of Trademark have been amended. Additionally, a number of examination guidelines have also been established or amended, including the Principles for Examining Trademarks Which Include the “Cross Device”, Operational Directions for Third-Party Observations on Trademark Registration Applications, and Examination Guidelines on Procedural Examination of Applications for Trademark Registration. Trademark-related laws and judicial practices have changed considerably, hence the revision this year.
Relevant key points include “Non-traditional Trademark Types,” “Trademark Distinctiveness Assessment,” “Factors Determining Likelihood of Confusion,” “Proprietor of the Earlier Used Trademark,” “The Exhaustion Doctrine,” and related court decisions are compiled into the Article-by-Article Interpretation of the Trademark Act. Available on the TIPO website.
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