Any mark satisfying the requirement for graphical representation shall be distinctive enough for relevant consumers of the goods or services to recognize it as identification of those goods or services and to differentiate such goods or services from those offered by others.

On September 4, 2008, TIPO held the third hearing listing to the opinions from all parts of various social levels regarding new Draft Amendments to the Trademark Law. After reviewing all of the articles of the current Trademark Law, TIPO proposes opening up all kinds of trademark styles, adding exposition priorities, dividing licenses into exclusive licenses and non-exclusive licenses, providing a chance for the applicant to reinstate an elapsed case, and charging registration fees in one installment. In the new Drafts Amendments, there are 38 revised, 23 augmented and 8 deleted articles.

Motion, scent and holographic marks must satisfy the requirement for graphical representation will be granted registration if the applicant can provide enough evidence and materials to prove its mark its applicable to the Trademark Law. In other words, motion, scent, holograms and the like can be granted registration as long as it has distinctiveness.

In the new Draft Amendments to the Trademark Law, Article 11 of the Paris Convention was referenced augmenting exposition priorities to protect the applicants' trademark rights, event though Taiwan is not a member of the Agreement on Trade-Related Aspects of Intellectual Property Rights. Furthermore, the exposition is not limited in Taiwanese territory.

From the Singapore Trade Mark Act and regulations, TIPO drafted an amendment allowing a trademark right holder to license a person to use its registered trademark on part or whole of the designated goods or services thereof or in a designated area as an exclusive license or non-exclusive license.

Should a statutory period be missed due to delay causing lapse of a trademark right be caused by natural disaster or other causes not attributable to the applicant, the applicant may within thirty (30) days after termination of such cause(s), file a written application with the Registrar Office for reinstatement of the elapsed case to its original condition by giving the reasons therefore in said application, until one (1) year has elapsed after expiration of the statutory time limit. The aforementioned, however, does not apply should such reinstatement effect the legitimate rights and interests obtained by a third party bona fide.

According to statistics, less than 10% of the applicants pay the registration fees in two installments. Therefore, TIPO deleted Article 26 and the registration fees should be paid in one installment in the new Draft Amendments.

By basing the amendments on successful laws and regulations from around the world, the new draft amendments to the Trademark Law shows TIPO's strong commitment to modernize and harmonize the IP system in Taiwan to ensure IP owners are adequately rewarded for their investment and that Taiwan remains a center of technological development.