The Taiwan Intellectual Property Office (TIPO) on July 13, 2006, formally in its “Notice on Trademark Co-ownership” admits trademark could be co-owned by two or three owners. In the past, such trademark co-ownership was prohibited based on the gist of protecting consumers from being led into misidentification and confusion with respect to the sources providing goods/services. However, in efforts to harmonize with the global trademark system, TIPO recently made the decision to admit co-ownership.
Per TIPO’s announcement, when a co-owned trademark is to be assigned, licensed or pledged, all owners in the co-ownership must consent unless the acquirement of right is obtained through inheritance or auction. Also, if one of the owners in the co-ownership wants to assign his right to a third party, such must be consented by all owners whereas if one of the owners in the co-ownership wants to abandon his right, the abandoned ownership shall be shared by the remaining owner.
