Before July 01, 2012, when an applicant unintentionally failed to pay the registration fee by the official due date, it was not allowed to restore the trademark right. Each year, there were about 2400 trademarks being lapsed due to failing to pay the registration fees because the applicants were out of the country, made a moving, forgot or had other unintentional reasons. As these reasons were not natural disasters or attributable to the applicants, the applicants could not apply for reinstatement of rights or take other relief measures. The applicants could only re-file their trademarks to the TIPO again. Since the applicants had spent a lot of time and money from the time of filing to being approved for registration, while the TIPO had also spent tremendous administrative resources on examination and approved the applications after everything was lawful, such a regulation was not favorable for both the TIPO and the applicants.
The TIPO referred to “Singapore Treaty on the Law of Trademarks, STLT” and amended the related regulations in the new Trademark Act which has been effective as of July 1, 2012. According to the present Trademark Act, the registration fee should be paid within two months from the next day of receiving the notice of allowance. For an applicant who unintentionally fails to pay the registration fee within the official due date, the applicant may pay the said fee in double within six months from the official due date to restore the trademark right.
However, in order to avoid the coexistence of the same or similar trademarks, the request of restoration of the trademark right shall not be accepted if the interests of other third parties for their trademark applications or registrations would be affected during such period.
JAW-HWA INTERNATIONAL PATENT & TRADEMARK & LAW OFFICES
10-1FL., NO.23, SEC.1, CHANG-AN E. RD.,TAIPEI10441,TAIWAN, R.O.C
http://www.jaw-hwa.com.tw E-mail: wt.moc.awh-waj@awhwaj
Source: TIPO News issued on June 26, 2012
http://www.tipo.gov.tw/ch/News_NewsContent.aspx?NewsID=6076
