Take Non-traditional trademark:How to write the description of an scent trademark and preserve the sample to make the Scope of the Rights More Specific


Intellectual Property Office held a public hearing to discuss a draft revision of examination guidelines on non-traditional trademarks on July 17th, 2017, summary for topics and solutions are as following:

1. How to comply with the Trademark Act under Article 19, Paragraph 3 when filing a scent Trademark application?

Widening the criteria of trademark description concerning “accurately and completely on describing ingredients and proportions of a scent trademark”. For the distinctiveness and functional issues to be involved when examination of a scent trademark, there will be a compromise adopted referring to the operational practices.

2. How to Submit and Preserve for scent trademarks?

It is considered to require applicants to submit sealed samples of scent trademarks while examination. After registration, the trademark owners shall submit new sealed samples per annum or every three years.

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