The Amended Guidelines on Hearing Procedures for Trademark Dispute Cases Effective on June 11, 2024

Time:2024-08-19

Source:JAW-HWA INTERNATIONAL PATENT & TRADEMARK & LAW OFFICES

Author:

Type:Trademark


Jurisdiction:Taiwan, China

Publication Date:2024-08-19

Technical Field:{{fyxType}}

The Taiwan Ministry of Economic Affairs published the amended Guidelines on Hearing Procedures for Trademark Dispute Cases on June 11, 2024, which govern procedures in administrative trademark disputes at the Taiwan Intellectual Property Office (TIPO). The guidelines are effective on the same day.


The main amendments are as follows:

1.      To enhance the examination function of the hearing procedures, it is specified that in trademark dispute cases reviewed during hearings, at least three examiners must be assigned to conduct the review collegially.


2.      The provision is added to allow for preliminary hearings depending on the complexity of the case.


3.      Hearings should be conducted publicly, but if public disclosure would harm the public interest or cause significant damage to the parties involved, it is specified that a request for a non-public hearing may be made.


4.      It is specified that if there is a change in the hearing date or location, cancellation of the hearing, or a change in the examiners, the notification and announcement procedures must be carried out again.


5.      The provision is added to allow the presiding officer to moderately disclose their opinions on factual, legal, and evidentiary issues.


6.      It is specified that hearings may be conducted via remote video conferencing, and the methods and legal effects of signing hearing records are established.