The Top 10 proposed amendments to Taiwanese Trademark Law

(based on 12/16/2010 draft)

  1. Clarify the current Article 6 by amending the different uses “in the course of trade”.
  2. Add new registerable mark category: motion marks and hologram marks.
  3. Clarify one trademark application shall include only one mark and not multiple marks.
  4. Allow an applicant to claim a priority date of a mark if the applicant has shown the mark at an international trade show organized or approved by the government of Republic of China within six months of the fi ling of the trademark application.
  5. Permit amendments to a pending trademark application if the amendments are to reduce classification of goods or non-substantive changes to the mark.
  6. Amend ways to calculate damages: the minimum damage amount up to 1,500 times of single item’s retail value or similar royalty amount received from other licensees of the trademark right holder.
  7. Clarify that a trademark owner does not need to prove actual infringement in order to request customs to seize infringing goods for import or export.
  8. Add provision allowing the customs to assist in investigating seized products associated with alleged infringement of trademark.
  9. Add provision allowing customs to assist in identifying seized products associated with alleged infringement of trademark.
  10. Introduce group or organization mark.