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Visitor No. From:2006/01/03
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| (Translation)
Operational Procedures for Trademark Advisory Opinion Cases
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| Amended and promulgated on April 28, 2004
Implemented on May 1, 2004
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| 1.
| Trademark advisory opinion
cases shall be examined, in principle, in accordance with the Trademark
Act, the Trademarks Regulations, and the Trademark Examination Guidelines.
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| 2.
| Trademark advisory opinion
cases are accepted only if they are requested by a juridical authorities
or government administrative agency. Applications from private parties
will not be accepted.
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| 3.
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The competent authority shall designate examiner(s)
to examine trademark advisory opinion cases. Upon receipt of such letter
from the said juridical authority or government administrative agency,
the examiner shall inquire the chief of the competent section of the
trademark division to designate three or more persons to be the advisory
opinion committee and to give advisory opinions.
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| 4.
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The advisory opinion committee shall provide opinions
from the view of an administrative examination agency based on the enclosed
evidence such as the objects and photographs and relevant information as
to the cited registered trademark. An advisory opinion report shall be
made by a majority vote of the advisory opinion committee, and be sent
to the requesting authority as a response.
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| 5.
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If any member in the designated advisory opinion
committee is required to disqualify himself/herself from the case
pursuant to Articles 32 and 33 of the Administrative Procedure Act,
it must be reported and a new designation shall be made.
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