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Revisions to the Examination Guidelines on Distinctiveness of Trademarks Were Promulgated on July 26, 2022, and Will Take Effect on September 1

To enhance the examination principles for distinctiveness of various types of trademarks, TIPO has promulgated revisions to the Examination Guidelines on Distinctiveness of Trademarks. TIPO has provided examples for different types of trademarks and ensured that the basis on which distinction is determined for trademarks aligns with current market transactions. Main revisions are as follows:
I. Made adjustments to the different composition patterns of foreign alphabets; provision of reference examples for determining whether descriptions are designed and distinctive.
II. Added assessment criteria and example explanations for “alphanumeric combinations” and “numbers” in response to differences in use between various industries.
III. Added following categories with examples: “popular graphics,” “purely informational graphics,” and “commercial design graphics.” 
IV. Added criteria for country names, geographical images, and geographical names used in descriptions of product origin, as well as misleading use or misrepresentation thereof for product origin. 
V. Added assessment criteria and reference examples for names and portraits of well-known public figures who are recently deceased; to further exemplify what constitutes a “portrait,” additional cases for reference are also provided.
VI. Added determining criteria for religious images and terms; added examination principles for marks related to traditional and cultural activities.
VII. Revised criteria for slogans, common words, new terms, and technical terms, and adjusted the examination guidelines for “idioms.”
VIII. Trademark graphics which include “the full name of the company” or “domain names” are considered strictly informational in order to prevent affecting the certainty of the scope of trademark rights and the function of correctly indicating the source of the product or service in the event that trademark rights are transferred or there is a change of name after registration.
  • Publish Date : 2022-08-24
  • Update : 2022-09-19
  • Organization : International Legal Affairs Office
  • Visitors : 935

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