Newsletter
NEW TRADEMARK RULES AN-NOUNCED
Following the entry into force of the new Trademark Act on 28 November 2003, amend-ments to its Enforcement Rules were announced on 10 December 2003, and took effect on 12 December 2003. (For a report on the amend-ments to the Act itself, see the May 2003 edition of the Lee and Li Bulletin.) The main points are as follows:
Since the registration of single-color marks, three-dimensional marks, sound marks, and collective marks are only available under the new Act, with effect from 28 November 2003, if priority is claimed for these new types of marks based on a corresponding application filed before 28 November 2003, the date of priority should be 28 November 2003.
The authorization for trademark matters may be granted in general to include registrations, amendments, disputes, etc in respect of single or multiple cases. In principle, for subsequent re-lated procedures the Power of Attorney may then be submitted in a photocopy.
In addition to the licensor (the trademark owner), the licensee may also apply for recordation of licenses and sublicenses.
New provisions require the Intellectual Property Office to copy and transmit the documents sub-mitted in defense against an opposition, invali-dation, or revocation action, to the party who has filed the action.