25 November, 2017
Article 18 of the Trademark Act provideds that any signs with distinctiveness which can identify and distinguish the origin of the goods or services can be an object for registration and protection.
Such signs are not limited to those listed in the text of said Article, to wit: words, designs, symbols, colors, three-dimensional shapes, motions, holograms, sounds, and any combination thereof sensible by visual or auditory sensation.
Any other sign that may be perceived by the sense of smell, touch or taste can also be registered for trademark protection so long as it meets the distinctiveness requirement.
By virtue thereof, the Ministry of Economic Affairs renamed the “Examination Criteria on the Trademarks of Three-dimensional Shapes, Colors and Sounds” to “Examination Criteria on Non-traditional Trademarks”, and increased the types of signs acciptible for trademark examination to include repeating patterns, scents (odors), positions, etc.
Accordingly, the TIPO will examine the following three aspects when examining untraditional marks:
1) the way of expression: design, description and specimen:
2) the distinctiveness, and
3) the non-functional nature.
For further information, please contact:
Joyce I. Ho, Partner, Tsar & Tsai Law Firm
joyeho@tsartsai.com.tw
