The Taiwan Intellectual Property Office (TIPO) has revised its Examination Guidelines for Non-Traditional Trademarks, effective August 01, 2025, to align with the Trademark Act amended in May 2024.
Under the new rules, functional elements in a trademark must be shown using broken lines in the illustration. If this is not possible, for example, regarding sound or scent marks, applicants must provide disclaimer stating that these elements are not part of the mark. Applicants must also provide a detailed description of the trademark, indicating whether the portions shown in broken lines represent functional elements or other non-distinctive features.
Failure to comply will make applications ineligible for registration. This changes aim to enhance examination clarity and ensure that trademark rights are clear.
