Region: Taiwan

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.

13 January 2022

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.

02 December 2021

IP Court decision highlights evidence of use required to defend against non-use cancellation action

This decision of Taiwan’s IP Court demonstrates what type of evidence is required to prove trademark use when the mark at issue is used on a website that does not have a ‘.tw’ top-level domain.

09 November 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.

29 September 2021

Supreme Administrative Court provides primer for determining similarity of goods and services

In these opposition proceedings involving the marks SIMFY and SOMFY, Taiwan’s Supreme Administrative Court rebuked the IP Court for failing to take into consideration all relevant factors when determining the similarity of the goods and services.

23 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.

19 August 2021

New online platform will allow trademark owners to tackle counterfeits at the Taiwanese border

A recently proposed draft amendment in Taiwan will create an online platform for trademark owners to inspect suspected counterfeits at the Taiwanese border remotely, improving transparency and convenience.

05 August 2021

Procedures and strategies for anti-counterfeiting: Taiwan

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2021

Taiwan is an innovation-driven economy, ranked 12 out of 141 economies according to the World Economic Forum Global Competitiveness Report 2019.

11 May 2021

Recent IP Court decisions highlight registrability issues for trademarks including numbers

Taiwan’s IP Court has recently issued two decisions involving Volkswagen’s mark ID.4 and Taipei Financial Center Corporation’s mark 101 - with very different outcomes.

19 March 2021

What TIPO looks for when examining distinctiveness of words, characters and numbers in Taiwanese trademark applications

Taiwan trademark experts analyse how the Taiwan Intellectual Property Office (TIPO) examines distinctiveness, particularly with regard to words, characters and numbers. In particular, they take a deep dive into the examination of foreign language signs.

07 January 2021

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