SAINT ISLAND INTELLECTUAL PROPERTY GROUP

Taiwan IP Practice

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    Is there an opposition mechanism in Taiwan?
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    A post-registration opposition system is embraced in the Trademark Law.  Anyone may file an opposition against a trademark registration within 3 months from its registration date. 
     

    Opposition proceedings in this country are conducted on a pleading-and-defense basis under which the two parties are allowed to alternately present their contentions in written form, and Taiwan’s IP Office, upon receipt of a brief/counterstatement lodged by one party, will serve a copy thereof on the other party along with a notification for filing a response before a designated deadline, which is generally within 30 days. This procedure will continue until the two parties have exhausted their views and have no observations or new evidence to file.
     

*The above contents are intended as general discussion of the subject matter only and shall not be deemed as legal advice to any particular case or issue.