Region: Taiwan

The clock may already be ticking for your trademark infringement claims in Taiwan

A recent judgment handed down by the Taiwan IP Court has highlighted how rights holders must act quickly if they believe their trademarks are being infringed – or risk losing their ability to claim compensation.

02 May 2017

Trademark applications in Taiwan hit six-year high; rejections also spike

Preliminary statistics published by the Taiwan IP Office reveal 2016 to have been its busiest year from a trademarks standpoint since 2011, with growth recorded in applications, and registrations. Corresponding with this rise, rejections also rose significantly.

13 February 2017

New CEO seeks to rein in trademark licensing as part of Sharp turnaround plan

Foxconn’s $3.5 billion acquisition of a majority stake in Sharp, which was completed last month, marked what is presumably the largest foreign takeover of a Japanese company yet. And with the Taiwanese outfit’s installation of one of its own team as CEO, Sharp’s brand strategy appears to be heading in a new direction.

02 September 2016

Cancellation action rendered against DADA mark

Following a long-running dispute, the IP Court in Taiwan has rendered a decision for a cancellation action initiated by local company Zong Hwa Industrial Co Ltd against Kyarra Inspires Incorporated due to possible confusion.

23 February 2016

Taiwan

Trademark rights in Taiwan are governed by the Trademark Act and the Enforcement Rules of the Trademark Act. The competent authority for the application and registration of trademarks is the Taiwan Intellectual Property Office (TIPO) under the Ministry of Economic Affairs.

18 September 2015

Red Bull prevents use of RED BULL-related marks for industrial oils

The appellate court of the Intellectual Property Court has ruled in favour of Red Bull AG in a trademark infringement case involving the use of RED BULL and related marks by a local company, Ding Oil International Trading Company, for goods in Classes 1 and 4. The court further ruled that Ding Oil and its legal representative were jointly liable for damages.

14 September 2015

Obscenity or discrimination? Applicant decries rejection of SOAP PICKER mark in Taiwan

In a story which has gained traction in Chinese language media, a homemade soap company has raised an outcry over the fact that the Taiwan Intellectual Property Office (TIPO) has rejected its application for a trademark which translates roughly to ‘soap picker’. TIPO reportedly reached the decision because the proposed mark “refers to gay sex” and was “detrimental to public morals”. However, one commentator argues that the decision is more nuanced.

04 August 2015

IP Court: use of trademarks on gifts may constitute trademark use

In two non-use revocation actions against two VALENTINO marks, the Intellectual Property Court has recognised that the use of trademarks on gifts could constitute trademark use. The court found that, although Valentino SpA had not sold any perfume bearing the VALENTINO trademarks prior to 2008, it had provided perfumes as gifts when consumers purchased other VALENTINO-branded goods.

22 June 2015

TIPO issues guidelines for examination of marks contrary to public order or morality

In order to clarify the terms "contrary to public policy or accepted principles of morality" in Article 30, Paragraph 1, Item 7 of the Trademark Act, the Taiwan Intellectual Property Office has issued the “Examination Guidelines for Trademarks Contrary to Public Order or Good Morals” as a reference for reviewing such trademarks. The guidelines took effect on May 11 2015.

17 June 2015

Fair Trade Act no longer protects registered trademarks

Following revisions effective as of February 6 2015, the Fair Trade Act no longer protects trademarks duly registered in Taiwan under the Trademark Act, but will grant protection only to famous trademarks or trade dress not registered in the country. Previously, famous trademarks - whether or not registered in Taiwan - could be protected under the Fair Trade Act.

16 April 2015

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