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Chapter Law Content

Title: Trademark Act CH
Category: Ministry of Economic Affairs(經濟部)
Chapter V Supplementary Provisions
Article 100
Transitional provision for service mark
A service mark which was already registered prior to the enforcement of the articles of this Act amended on April 29, 2003 shall be deemed a trademark from the date of enforcement.
Article 101
Transitional provision for abolishment of associated registration system
An associated trademark, associated service mark, associated collective mark or associated certification mark which was already registered prior to the enforcement of the articles of this Act amended on April 29, 2003 shall be deemed an independent registered trademark or mark from the date of enforcement; the period of right in such trademark or mark shall be the same as which originally granted.
Article 102
Transitional provision for abolishment of defensive registration system
With respect to a defensive trademark, defensive service mark, defensive collective mark or defensive certification mark which is already registered before the enforcement of the articles of this Act amended on April 29, 2003, the provisions in effect at the time of publication of registration of the said trademark or mark shall govern; rights of such trademark or mark shall be extinguished unless the proprietor of such trademark or mark applies for changing such trademark or mark into an independent one.
Article 103
Special provision for three-year period of non-use
With respect to the trademark or mark which has been changed into an independent one pursuant to the preceding article, the three-year period as prescribed in Subparagraph 2 of Paragraph 1 of Article 63 shall commence from the date of change.
Article 104
Trademark fees
Any person who files an application for registration, renewal, accelerated examination, entry of change, opposition, invalidation, revocation and any other proceedings under this Act shall pay the required fees of filing, registration, accelerated examination, renewal, entry of change, opposition, invalidation and revocation.
Standards of Trademark Fees referred to in the preceding paragraph shall be prescribed by the Competent Authority.
Article 105
Transitional provision for abolishment of paying registration fees by two installments
For those who chose to pay registration fees by two installments and already paid the first installment prior to the enforcement of the articles of this Act amended on May 31, 2011, the second installment shall be paid pursuant to the provisions in effect before the amendment.
Article 106
Transitional provisions for opposition and invalidation
Registration of a trademark, against which an application for opposition or invalidation had been admitted but the disposition thereof had not been rendered prior to the enforcement of the articles of this Act amended on May 9, 2023, shall be cancelled only if such registration falls under the provisions of cancellation in effect both at the time of registration and after the enforcement of the amendment; the proceedings thereof shall follow the provisions in effect after the said enforcement. However, proceedings which had legally commenced prior to the said enforcement shall not be affected.
A trademark, certification mark, or collective mark, which was registered prior to the enforcement of the articles of this Act amended on May 9, 2023 and against which an application for opposition or invalidation was filed or submitted in a proposal after the said enforcement, shall be cancelled only if such trademark or mark falls under provisions of cancellation in effect both at the time of registration and after the said enforcement.
Article 107
Transitional provisions for revocation
An application for revocation, of which the disposition had not been rendered prior to the enforcement of the articles of this Act amended on May 31, 2011, shall be processed pursuant to the provisions in effect after the said enforcement. However, proceedings that had legally commenced prior to the sais enforcement shall not be affected.
Article 108
Special provision for date of filing
In an application filed prior to the enforcement of the articles of this Act amended on May 31, 2011 to register a motion, hologram, or any combination thereof as a trademark, the date of the said enforcement shall be deemed the filing date of such application.
Article 109
Special provisions for date of priority
In an application filed to register a motion, hologram, or any combination thereof as a trademark with a priority claim, if the date of filing of the first such application in a country which has reciprocal recognition of priority rights with the ROC or with a member of the WTO was prior to the enforcement of the articles of this Act amended on May 31, 2011, the date of the said enforcement shall be deemed the priority date of such application.
In an application filed with a claim of exhibition priority, if the date of the first display of goods or services under the trademark applied for, at an international exhibition which was held or officially recognized by the Government of the ROC, was prior to the enforcement of the articles of this Act amended on May 31, 2011, the date of the said enforcement shall be deemed the date of exhibition priority of such application.
Article 109-1
Any person who continuously handles not less than ten cases of trademark registration and other procedures annually during the period of three years preceding the date of the enforcement of the articles of this Act amended on May 9, 2023, may apply for registration as a trademark agent within a period of one year from the day following the date of the said enforcement.
Any person who does not apply for registration as a trademark agent and does not have any qualification prescribed in Paragraph 2 of Article 6 shall not continuously handle trademark related matters, unless the represented cases have been admitted by the Registrar Office preceding the date of the enforcement of the articles of this Act amended on May 9, 2023, and the dispositions of such cases have not been rendered.
Article 110
Enforcement Rules
The Enforcement Rules of this Act shall be prescribed by the competent authority.
Article 111
Date of enforcement
The date of enforcement of this Act shall be decided by the Executive Yuan.