Intervening in an opposition action is not limited to the prescribed time period (three months from the day following the date of publication of registration) of opposition
According to Article 23 of Administrative Procedure Act, where the conduct of a procedure will affect the right or legal interest of a third person, the administrative authority may ex officio or upon application give such person a notice of intervention into the procedure as a party thereto.
In addition, Article 6 (11) of Trademark Government Fee Standards stipulates that for an application to intervene in an opposition, invalidation or revocation action, NT$2,000 per supplication.
Although the Trademark Act does not explicitly stipulate about the intervention in an opposition, the acts that TIPO receives, examines and makes a decision for an opposition application belong to an administrative disposition rendered by administrative authorities. In order to protect third person’s rights, and reach the purpose of solving the problem at a time in the administrative procedure, where the conduct of a procedure will affect the right or legal interest of a third person, the administrative authority may ex officio or upon application, based on Article 23 of Administrative Procedure Act, give such person a notice of intervention into the procedure as a party thereto.
Furthermore, the regulations in Administrative Procedure Act shall be applied from the beginning to the end of an administrative procedure. According to the Trademark Act, an opposition action starts when the opponent files an opposition up to TIPO and ends on the day when the disposition of the opposition is served to both parties. Thus, during the administrative procedure, any third person may file an application to intervene an opposition action. In addition, since the opposition to be intervened has been brought to TIPO, the intervention thereto is not to initiate an opposition, so it should not be limited to the prescribed time period of opposition.
Source: TIPO Newsletter issued on November 05, 2013
(http://www.tipo.gov.tw/public/epaper/113/ePaper113_ep7720.htm)
Delivered by: JAW-HWA INTERNATIONAL PATENT & TRADEMARK & LAWOFFICES
TAIPEI, TAIWAN
http://www.jaw-hwa.com.tw
