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Trademark
Law
Chapter
Ten Addendum
ˇ@Article 084 ~ Article 094
| Article
84 Non-applicability of Article 26 |
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Provisions
of Article 26 shall not apply to trademarks, certification marks,
collective marks and collective trademarks registered prior to the
effective date of this Law revised on April 29, 2003. .
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| Article
85 Transitory provisions (1) |
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With
respect to service marks registered prior to the effective date
of this Law revised on April 29, 2003, they shall be deemed as trademarks
as of the effective date of the Revised Law.
With respect to service mark applications unregistered prior to
the effective date of this Law revised on April 29, 2003, they shall
be deemed as trademark applications as of the effective date of
the Revised Law.
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| Article
86 Transitory provisions (2) |
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Associated
Trademarks, Associated Service Marks, Associated Collective Marks
and Associated Certification Marks registered prior to the effective
date of this Law revised on April 29, 2003 shall be deemed as independent
trademarks or service marks as of the effective date of the Revised
Law. The original duration terms of such marks shall maintain unchanged.
Applications for registration of Associated Trademarks, Associated
Service Marks, Associated Collective Marks and Associated Certification
Marks unregistered prior to the effective date of this Law revised
on April 29, 2003 shall be deemed as independent trademark or service
mark applications as of the effective date of the Revised Law.
Applicants
referred to in the preceding paragraph may withdraw their applications
prior to receipt of Notices of Allowance with request for a refund.
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| Article
87 Transitory provisions (3) |
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With
respect to Defensive Trademarks, Defensive Service Marks, Defensive
Collective Marks and Defensive Certification Marks registered prior
to the effective date of this Law revised on April 29, 2003, the
provisions applicable at the time of their registration shall apply.
Applications shall be filed to convert them into independent marks
prior to the expiry dates of their duration terms. The trademark
rights shall lapse in the event of failure to do so.
Applications for registration of Defensive Trademarks, Defensive
Service Marks, Defensive Collective Marks and Defensive Certification
Marks unregistered prior to the effective date of this Law revised
on April 29, 2003 shall be deemed as independent applications as
of the effective date of the Revised Law.
Applicants referred to in the preceding paragraph may withdraw their
applications prior to receipt of Notices of Allowance with request
for a refund.
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| Article
88 Transitory provisions (4) |
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With
respect to registered marks deemed as independent marks pursuant
to the provisions of the first paragraph of Article 86, the three-year
period referred to in Item 2, the first paragraph of Article 57
shall be calculated as of the effective date of this Law revised
on April 29, 2003.
With respect to registered marks converted into independent marks
pursuant to the provisions of the first paragraph of the preceding
Article, the three-year period referred to in Item 2, the first
paragraph of Article 57 shall be calculated as of the date of conversion.
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| Article
89 Transitory provisions (5) |
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With
respect to trademark applications allowed prior to the effective
date of this Law revised on April 29, 2003, where the notices of
allowance are not revoked at the time the Revised Law takes effect,
they shall be granted registration pursuant to the provisions of
the Revised Law and the first installment of the registration fee
shall be deemed to have been paid.
With respect to marks for which the notices of allowance were revoked
prior to the effective date of this Law revised on April 29, 2003,
where they are eventually held registrable subsequent to revocation
of the Trademark Officeˇ¦s original decision in the administrative
remedial proceedings, they shall be granted registration pursuant
to the provisions of this revised Law and the first installment
of the registration fee shall be deemed to have been paid.
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| Article
90 Transitory provisions (6) |
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With
respect to pending oppositions lodged prior to the effective date
of this Law revised on April 29, 2003, approval of the opposed marks
shall be revoked only in the event of violation of the applicable
provisions of the Law before and after this revision. The procedures
shall be handled pursuant to the provisions of the Revised Law.
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| Article
91 Transitory provisions (7) |
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With
respect to pending invalidation proceedings initiated prior to the
effective date of this Law revised on April 29, 2003, registration
of the challenged marks shall be revoked only in the event of violation
of the applicable provisions of the Law before and after this revision.
The procedures shall be handled pursuant to the provisions of the
Revised Law.
With respect to any trademarks, certification marks and collective
marks registered prior to the effective date of this Law revised
on April 29, 2003, invalidation proceedings initiated thereagainst
after the effective date of the Revised Law shall be based upon
the violation of the applicable provisions of this Law effective
at the time of their registration and after this revision.
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| Article
92 Transitory provisions (8) |
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With
respect to trademark cancellation petitions pending prior to the
effective date of this Law revised on April 29, 2003, the provisions
of the Revised Law related to trademark cancellation proceedings
shall apply mutatis mutandis.
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| Article
93 Enforcement Rules |
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The
Enforcement Rules of this Law shall be prescribed by the Ministry
of Economic Affairs.
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| Article
94 Effective date |
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This Law shall become effective six months after the date of promulgation. The date of implementation of the amended Article shall be appointed by decree of the Executive Yuan.
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