Taiwan Intellectual Property Office (TIPO) began the hearing system for trademark dispute cases in 2015, and subsequently amended the same in 2012 and 2019. To further improve the hearing system, TIPO recently amended again the hearing system of “Hearing Operational Directions for Trademark Dispute Cases” and implemented on June 11, 2024.
The trademark hearing is a mechanism based on Taiwan Administrative Act. It is intended for a dispute case to be examined by a collegial panel of examiners and conducted under public hearing. The purpose of hearing is to provide the involved parties with an opportunity to present their opinions and conduct mutual inquiries on the dispute issues, evidences, legal comprehension, and other related matters. This hearing process can help the Examiners to determine the truth of the facts and render a proper decision. If the involved party feels dissatisfied with the decision, an administrative suit can be filed directly, without undergoing the appeal proceeding.
Per the above Operational Directions, a trademark dispute case refers to trademark opposition, invalidation, and revocation. An involved party means the person/party who files an opposition, invalidation or revocation, or the applicant who files a trademark registration or the right owner of a registered trademark. A request of hearing can be filed by an involved party, or held ex officio by TIPO. Before holding a hearing, TIPO shall notify the parties in writing and publicize the hearing notice. Interested parties can apply to attend the hearing, while the general public can also apply for observation of the hearing. However, TIPO may notify that a hearing is not necessary because the case has been clarified or due to other reasons. The hearing proceeding in principle shall be held in public, unless a party has asserted the fact or content not to be made public before the hearing is held or during the hearing process.
The hearing amendments mainly include: the hearing can be operated by means of remote video conferencing; the host of hearing (the presiding examiner) may adequately disclose perceptions or thoughts on factual, legal, or evidential issues; stipulating the effect of absence from the hearing. If a party fails to attend the hearing, TIPO may conduct the hearing for one party upon request. In case the party does not receive the notice or has other legitimate reasons (e.g. natural disasters), TIPO may set another hearing date. Furthermore, if an involved party (or interested party, etc.) is unable to attend the hearing in person, TIPO may conduct the hearing proceeding, ex officio or upon request of the other party, in the manner of video conferencing. Lastly, the hearing record can be signed for confirmation and sent by such manner.
