Taiwan’s Intellectual Property Office released new Examination Guidelines for Disclaimers on November 16, according to lawyers at Jaw-Hwa International Patent & Trademark & Law Offices. The Guidelines go into effect January 1, 2010.
According to the Article 19 of the Trademark Act, a proposed trademark featuring a descriptive or non-distinctive word, sign, symbol, color, or three-dimensional shape, where deletion of that feature will defect the whole of such trademark, may be registered when the applicant disclaims the exclusive right for using the said feature.
“In order to simplify the examination procedures for trademark applications, the examiners may disclaim the indistinctive parts of trademarks ex officio and indicate the said disclaimers in the official gazettes when the trademarks are allowed for registration according to the following examples of indistinctive parts of trademarks,” said lawyers at Jaw-Hwa. “However, if the situations are disputable, the examiners still need to inform the applicants of the same and make overall judgment after reviewing the applicants’ responses.”
The firm offered a number of examples of grounds on which examiners may disclaim indistinctive parts of trademarks, including:
• A generic term used in relation to the designated goods or services. For example, for the mark “ANOSA cosmetics” used on cosmetics, “cosmetics” should be disclaimed.
• One that represents the quality, effect and other characteristics of the goods or services, such as best, deluxe, good quality, fresh, natural, pure, organic or green.
• One’s title, such as master, doctor or Dr.
• Types or ways of providing services, such as internet, online or e-commerce.
• Year or time, such as “Since 1990” or “24H.”
• The nature of a business, such as bank, engineering or telecommunication.
• In the name of a store, terms representing the place of running a business, such as boutique, shop, house, store, mart, plaza, world or shopping mall.
• Religious terms or logos.
• Generic signs, such as the cross sign (“+”) or “Rx” for pharmacists used on medical goods or services.
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