Region: Taiwan

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

Ad featuring third-party mark on the aftermarket ruled fair use

Selling consumable spare parts bearing a third-party mark on the aftermarket has been held to be nominative fair use by the IPC Court, so long as it is clear that the item is not produced by the original manufacturer.

06 October 2022

BOY LONDON: Supreme Administrative Court considers registrability of trademarks containing foreign city name

An official objection on the ground that a trademark is misleading cannot be overcome by submitting evidence showing that the mark has acquired a secondary meaning through longstanding and extensive use.

20 September 2022

Taiwan IP Office updates examination guidelines for the digital age

New amendments by the Taiwanese IP Office to guidelines on distinctiveness gives brand owners a much greater scope of protection. The changes cover characters, foreign words and compound words, slogans, and shapes and devices of goods or services.

15 September 2022

Nike settles John Geiger suit; COCOELLA mark cancelled; Bed Bath & Beyond cuts private label brands – news digest

In our latest round-up, we look at the outgoing UKIPO head reflecting on the past and future, thousands of bags of fake rice being seized in Kenya, and much more.

02 September 2022

Hashtags using trademarks deemed to be promotion, not infringement

The IPC Court has ruled that the use of another group’s registered trademarks as a hashtag on social media constitutes promotion and does not suggest sponsorship or endorsement, therefore is not likely to create confusion.

21 July 2022

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