1. Three-dimensional shapes, sounds and single color marks are now registrable.
2. An application may cover multiple classes of goods and/or services.
3. A pending trademark application may be divided into two or more applications on the basis of the goods and services covered. The divisional applications will retain the original filing date.
4. The concept of trademark dilution has been introduced to prevent plagiarism of well-known marks.
5. A letter of consent may overcome a prior conflicting right provided that the trademarks and the goods/services are not identical.
6. The practice of requiring similar marks covering the same or similar goods to be associated has been removed.
7. Defensive marks are no longer registrable.
8. A post-registration opposition system has been adopted. Oppositions may be filed within three months after publication of the registration.
9. Registration fees may be paid in full or in installments.
10. An invalidation action may be filed within five years after publication of a registration, except for cases involving well-known trademarks.
11. A trademark registration may be canceled if its distinctiveness is diluted and it becomes generic for the goods or services for which it is registered, or if the use of the mark may mislead the public with respect to the nature, quality or origin of the goods or services.
12. The use of a trademark through electronic or digital media may satisfy the use requirements.
13. A mark against which a license or pledge has been recorded cannot be abandoned without the consent of the licensee or pledgee.
14. Proof of use of a mark is no longer required for renewal purposes.
15. The new law provides protection for collective trademarks, which are used to distinguish the goods or services of the members of an organization.
16. An action for infringement is available against the unauthorized use of a mark, which is similar to a registered well-known trademark.
17. The use of a registered trademark of a third party as a corporate name, trade name, domain name or other symbol indicating the source of business may constitute trademark infringement. If the trademarks and/or the goods/services concerned are similar, it is necessary to establish the likelihood of confusion among relevant consumers for such cases to constitute trademark infringement.
18. Border enforcement measures are available, and a trademark owner may apply to the Customs Office for seizure of infringing goods.
2. An application may cover multiple classes of goods and/or services.
3. A pending trademark application may be divided into two or more applications on the basis of the goods and services covered. The divisional applications will retain the original filing date.
4. The concept of trademark dilution has been introduced to prevent plagiarism of well-known marks.
5. A letter of consent may overcome a prior conflicting right provided that the trademarks and the goods/services are not identical.
6. The practice of requiring similar marks covering the same or similar goods to be associated has been removed.
7. Defensive marks are no longer registrable.
8. A post-registration opposition system has been adopted. Oppositions may be filed within three months after publication of the registration.
9. Registration fees may be paid in full or in installments.
10. An invalidation action may be filed within five years after publication of a registration, except for cases involving well-known trademarks.
11. A trademark registration may be canceled if its distinctiveness is diluted and it becomes generic for the goods or services for which it is registered, or if the use of the mark may mislead the public with respect to the nature, quality or origin of the goods or services.
12. The use of a trademark through electronic or digital media may satisfy the use requirements.
13. A mark against which a license or pledge has been recorded cannot be abandoned without the consent of the licensee or pledgee.
14. Proof of use of a mark is no longer required for renewal purposes.
15. The new law provides protection for collective trademarks, which are used to distinguish the goods or services of the members of an organization.
16. An action for infringement is available against the unauthorized use of a mark, which is similar to a registered well-known trademark.
17. The use of a registered trademark of a third party as a corporate name, trade name, domain name or other symbol indicating the source of business may constitute trademark infringement. If the trademarks and/or the goods/services concerned are similar, it is necessary to establish the likelihood of confusion among relevant consumers for such cases to constitute trademark infringement.
18. Border enforcement measures are available, and a trademark owner may apply to the Customs Office for seizure of infringing goods.
March 2004 Index