Trademark Law

Chapter Ten Addendum
ˇ@Article 084 ~ Article 094

Article 84 Non-applicability of Article 26

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. .


Article 85 Transitory provisions (1)

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.


Article 86 Transitory provisions (2)

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.


Article 87 Transitory provisions (3)

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.


Article 88 Transitory provisions (4)

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.


Article 89 Transitory provisions (5)

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.


Article 90 Transitory provisions (6)

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.


Article 91 Transitory provisions (7)

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.


Article 92 Transitory provisions (8)

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.


Article 93 Enforcement Rules

The Enforcement Rules of this Law shall be prescribed by the Ministry of Economic Affairs.


Article 94 Effective date

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.