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New Trademark Act news

New Trademark Act
The new Trademark Act is being considered by the National Legislative Council and is expected to be implemented in Q1 of 2016. The new Act will be significantly different from the current Trademark Act. The definition of trademark will be expanded to include sound mark. A multi-class application will now be available. The Section regarding the associated mark has been cancelled. The time to respond to the Office Action will be reduced to 60 days in most cases. Partial assignment will now be available (i.e. to assign the rights only in connection with certain goods in the specification). A grace period will now be available (i.e. 6 months after the expiration with a 20% surcharge). Sections regarding the Madrid Protocol will be introduced (i.e. the registration date, the qualification of the applicant, the validity term, office of origin, and International Bureau). A Section emphasizing the liability in using the packaging or container bearing the registered trademark, certificate mark, or collective mark of another for the purpose of passing off will be introduced. The changes in the official fees will also be listed.

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