3d Trademarks

Three dimensional trademarks have been added to the Trademark Law and can be registered in Taiwan as of November 28, 2003. According to the Examination Guideline for Three Dimensional Trademarks, the possible types of such marks are: 1. The shape of the goods, 2. The shape of the packaging, 3. Signs of three-dimensional shapes, 4. The dècor of the place where the services are performed, 5. A combination of any word, design, symbol or color with a three-dimensional shape. The Guideline also sets out the factors determining registrability, distinctiveness and non-functionality being the most internationally recognized. Other factors should be accounted for, namely: 1. Whether the shape is dictated by the function, 2. Whether the shape is needed to achieve a particular technical result, 3. Whether the shape is the result of a comparatively simple cheap method of manufacturing or has an engineering advantage conferring superior performance.