The new Trademark Act has been effective as of July 1, 2012. This revision to the Trademark Act specially imposes a criminal penalty for the action of unauthorized use of certification marks without approval in advance.
"Certification Mark" is a rather special trademark type that has the function of certifying specific quality, preciseness, raw materials, manufacturing methods etc. of goods or services of others. The applicant for a certification mark is limited to a legal person, a corporation or a government agency that is capable of certifying others' goods or services. In general, a natural person is not qualified for the application of a certification mark, nor is an entity involving in the same field as the goods or services to be certified.
A certification mark can be marked on commodities or at business sites only after verification by the owner of the certification mark and under specific specification.
In the old Trademark Act, no special penalty is specified for unauthorized use of certification mark against the rules. However, since the enforcement of the new Trademark Act on July 1 2012, for any unauthorized use of a certification mark, the counterfeiter may be inflicted with a maximum of three years of imprisonment, detention or a fine of a maximum of NT$ 200,000.