Revised Taiwan Trademark Act Extends Protection to Motion and Hologram Marks

On 31 May 2011, the draft amendment to Taiwan's Trademark Act was approved after three readings by Taiwan Legislative Yuan.

The revised Trademark Act of Taiwan provides that two types of unconventional marks, namely, the motion marks and the hologram marks, are also eligible for protection as registered trademarks. With said additions, the newly revised Act boasts of the first legislation worldwide to recognise hologram marks as a protectable subject matter.

Some other important amendments to the Trademark Act of Taiwan include:

A person who disseminates information related to selling of counterfeit goods online or by email shall be punished by imprisonment of up to one year and / or a fine of not more than NT$50,000.
If a person uses a trademark in a manner which has the likelihood of causing confusion with or dilution of a well-known mark, it shall constitute infringement of trademark rights.

This amendment brings forth substantive revisions since the last overhaul of the Taiwan Trademark Act in 2003 with an attempt to further harmonize Taiwan's trademark legislations with existing international trademark law and practice.