State Administration for Industry and Commerce, Provisions on Matters Relevant to the Claim for a Right of Priority by Applicants for Trademark Registration from Taiwan

国家工商行政管理总局台湾地区商标注册申请人要求优先权有关事项的规定

December 14, 2010 | BY

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Taiwanese applicants may file trademark priority rights in the mainland.

Clp Reference: 1210/10.11.18 Promulgated: 2010-11-18

Promulgated: November 18 2010

Main contents: Starting from November 22 2010, where an applicant from Taiwan, within six months from the date of first filing of a registration application for its trademark in Taiwan, submits to the Trademark Office of the State Administration for Industry and Commerce (SAIC) a registration application for the same trademark for the same goods, it may claim a right of priority. The date of its first filing may be traced back to September 12 2010 at the earliest (Article 1). After the declaration of the claim for a Taiwan right of priority by the applicant from Taiwan has been recognised, the date on which the applicant first filed a trademark registration application in Taiwan shall be deemed the date of application with the Trademark Office of SAIC (Article 4).

Related legislation: Agreement on Cross-strait Cooperation on Intellectual Property Protection, Jun 29 2010

clp reference:1210/10.11.18promulgated:2010-11-18

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