The Legislative Yuan passed the draft amendment of the Trademark Act on May 9, 2023, which was announced by the President on May 24. The implementation date is yet to be determined by the Executive Yuan.

The content of this revision includes the addition of a Trademark Expedited Examination for trademark registration applications, the establishment of management for trademark agents and the protection of the working interests of existing trademark practitioners, the simplification of the procedures for trademark owners to be notified by the customs for infringement determination, the addition of qualified applicants, and the fair use for using other's trademarks in specific circumstances. Especially, the Trademark Expedited Examination will be helpful to resolve the suspense of infringement disputes in the market.

In the past, trademark applicants often faced the dilemma of not knowing whether to continue to use the applied trademark after receiving the warning letter. Whether the device of the applied trademark is similar to the prior registered trademark needs to be judged by the professional authority. However, the trademark application procedure takes eight months from filing to approval according to the timetable announced by TIPO.

Applicants sometimes have to market their products before trademark approval. Once it goes on the market, the applicants will receive a warning letter asking them to stop using the applied trademark. When the trademark design and the goods/services are not exactly the same, it is sometimes difficult to judge whether it is similar to the prior registered trademark. However, when the applicant has invested a large amount of money to launch the product, should the product be removed from the market? If not, he may be sued for trademark infringement and face the risk of criminal prosecution; If yes, whether it constitutes trademark infringement is still undecided, is it necessary to take it off the shelves and increase losses?

The revision of the Trademark Act has added the Trademark Expedited Examination, and the applicant will be able to request for an accelerated examination at a fee. If TIPO approves the registration soon, the applicant’s trademark right can be confirmed. It also means that TIPO has determined that the applied trademark is not similar to the prior trademark. Thus, the infringement dispute can be initially resolved.

Although there may be opposition by the prior trademark owner, the applicant can basically claim the enforcement of legitimate rights before his trademark is canceled unless there is malicious intent. It is believed that the formulation of the Trademark Expedited Examination will be helpful to companies in marketing their products.