Cooling-off period for trademarks

Cooling-off period is a period that both parties can negotiate for a settlement in the opposition stage. In practice, the purpose is to restrict the other party’s designated goods / services covered by the application during the negotiation. However, Taiwan does not have such provisions, but can file a request to postpone the examination of an opposition application based on the ongoing settlement. Herewith we summarized the relevant rules of cooling-off period in EU, UK, and Australia, and similar procedures in Taiwan.

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商標的異議冷靜期

冷靜期(cooling-off period)係在商標異議程序啟動時,給予特定期限讓雙方進行協商,實務上協商過程中限制他方申請時所涵蓋的指定商品/服務為重要達成目標,台灣並無此規定,但得透過申請使異議案暫緩審查,謹就歐盟、英國、澳洲之冷靜期相關規定,及台灣類似相關程序介紹。

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