Region: Taiwan

Wide-ranging draft amendment looks set to reshape trademark landscape

The recently passed draft aims to modernise the Taiwanese trademark regime, shaking up pre-existing policies with regard to applications, reviews, oppositions, cancellations and Customs proceedings.

11 May 2023

LVMH ruling establishes new interpretations of well-known marks and their protection

A decision from the Supreme Administrative Court’s Grand Chamber lowers the levels of consumer and industry awareness needed to prove a mark’s well-known status and receive requisite protections.

27 April 2023

Draft amendment to the Trademark Act - what you need to know

Key changes include the abolishment of opposition proceedings and the introduction of the Trial and Appeal Board.

19 April 2023

Does adding a Chinese transliteration of a foreign trademark to imported goods qualify as fair use?

The decision of the Intellectual Property and Commercial Court in this case provides important guidance regarding fair use.

13 March 2023

IPC court revokes trademark registration over generalness

A recent ruling highlights the perils of a previously approved trademark shifting from distinctive to generic through common, third-party usage.

23 February 2023

Fewer filings, NFTs, alliances and bad-faith marks: APAC year in review

WTR looks back at major trends in the Asia-Pacific region from the past 12 months.

11 January 2023

Trademarks in Taiwan incorporating geographical indications face two-fold challenge

A recent SAC ruling has poured cold water on the use of geographical names in Taiwanese trademarks. Future applicants may need to work much harder to prove that their marks are distinct and avoid misdescription - throwing the popular use of such trademarks into question.

15 December 2022

Supreme Administrative Court values evidence of local use over consumers’ knowledge of contested trademark in opposition proceedings

The decision shows that evidence such as the market share of a disputed trademark in the local market will carry more weight than testimonies by Taiwanese consumers and opinion leaders.

12 December 2022

Taiwan's trademark certificates to go digital from January 2023

As part of ongoing efforts to reduce its environmental footprint and modernise its application process, TIPO is overhauling how it issues trademark and patent certificates from early next year.

01 December 2022

Supreme Court rules against trademark squatting and abuse

A fresh case from the Taiwan Supreme Court addresses the issue of how one should defend against a trademark squatter in an infringement suit where the bad-faith registration has become incontestable and the mark at issue is not famous.

20 October 2022

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