The following amendments to the Trademark Act came into effect on April 1, 2024:

1. The “Consent System” has been introduced, allowing for the registration of a trademark if consent has been obtained from the owner of that prior registered trademark and there is no likelihood of confusion between the prior registered trademark and the applied-for trademark (Amended Trademark Act, Article 4, Paragraph 4).

Furthermore, the Consent System has also been made applicable in cases where multiple trademark registration applications conflict, including instances where two or more conflicting trademark registration applications are filed on the same day.

Under the previous system, in cases where two or more coexisting trademarks existed, a trademark holder who has acquired fame or well-known status (as defined in Unfair Competition Prevention Act, Article 2, Paragraph 1), could formally file for an injunction or other reliefs against the other trademark holder under the Unfair Competition Prevention Act. However, with the introduction of the Consent System and the amendment of the Unfair Competition Prevention Act, filing for such injunction claims and other reliefs are no longer permitted (Amended Unfair Competition Prevention Act, Article 19).

2. Previously, if a trademark application contained “another person’s name”, it was not possible to register the trademark without obtaining consent from all individuals with the same name (Trademark Act, Article 4, Paragraph 1, Item 8). However, under the amended Trademark Act, even if the trademark has “another person’s name, “it is now sufficient to obtain the consent only from a “person/persons” with a high degree of recognition, and it is not necessary to obtain consent from the other “person/persons” who are not well-known.