In the new Cosmetic Hygiene and Safety Act implemented as of July 1, 2019, cosmetics containing medical, poisonous or potent drugs (collectively known as “medicated cosmetics”) have been renamed as “specific purpose cosmetics,” and the related bylaws were amended as well.
In line with this amendment, Taiwan IP Office (TIPO) announced that:
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“Medicated cosmetics; medicated shampoos; medicated oral cleaning preparations,” though listed in Class 5 in the Nice Classification, will no longer be acceptable descriptions in a Taiwan trademark application since January 1, 2021. |
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Yet “aftershave lotions for medical purposes; shampoos for medical purposes; toiletry preparations for medical purposes; oral cleaning preparations for medical purposes” will be acceptable in Class 5. |
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Applicants wishing to designate “toiletry preparations; aftershave lotions, shampoos, and oral cleaning preparations” in Class 5 applications need to define these goods as “for medical purposes” so as to distinguish them from Class 3 goods, since the former have been recognized as “medicines.” |
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“Aftershave lotions for medical purposes; shampoos for medical purposes; toiletry preparations for medical purposes; oral cleaning preparations for medical purposes” are medicines in nature. As such, registrants need be mindful of the applicable laws and regulations announced by the competent authorities including the Ministry of Health and Welfare in actual use of trademarks on those goods. In particular, trademark users should apply for medicine registration approval for a license prior to manufacturing, importing or selling medicinal products. |
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Regarding old registered trademarks covering “medicated cosmetics; medicated shampoos; medicated soaps; medicated oral cleaning preparations” in Class 5, if the goods in actual use belong to “specific purpose cosmetics” as defined in the relevant regulations based on Cosmetic Hygiene and Safety Act, i.e. “cosmetics used for sunscreen, hair-dyeing, permanent waving, antiperspirant, deodorant, tooth-whitening or other purposes”, registrants shall apply for medicine registration approval before manufacturing or importing such products. If the applied-to goods are in nature of “aftershave lotions for medical purposes; shampoos for medical purposes; toiletry preparations for medical purposes; oral cleaning preparations for medical purposes,” such use will be deemed to constitute use of the trademarks on the designated goods. |