Market Insight

Updates from an international team of correspondents who report on recent developments in trademark law and practice in their home jurisdictions, as well as strategic issues and those relating to brand protection, portfolio management and value creation.

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Taiwan

13 JANUARY 2022

The relationship between retail services and identified goods on trademark applications

The emergence of e-commerce, in which a wide range of goods are readily accessible, is leading to increasing overlap between the sales channels and target consumers of goods or services designated by different marks.

02 DECEMBER 2021

How pandemic driven non-use could affect trademark cancellations

Covid-19 lockdowns have forced some businesses to stop using their trademarks. While there is no word from Taiwan’s government on how this may affect non-use cancellations, owners can take pre-emptive steps to keep their marks valid.

29 SEPTEMBER 2021

IPC Court questions whether advertising services provided outside Taiwan qualifies as trademark use

In a case currently before the Supreme Administrative Court, a registered trademark that was advertised in Taiwan could be vulnerable to non-use cancellation in the absence of any actual business transaction. Such a finding could have far-reaching consequences for trademark owners that offer their services offered outside of Taiwan.

09 SEPTEMBER 2021

Non-profit trademark use upheld by Taiwan Supreme Court

The Supreme Administrative Court has held that trademark use is not conditioned on for-profit activities after a dispute between two dental associations was reviewed by the IP & Commercial Court.

19 AUGUST 2021

IP Court addresses who can benefit from prior-use defence

A recent case from the IP Court provides new guidance on the unclear language in Taiwan’s Trademark Act with regard to the prior-use defence and who can benefit from it.

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