Region: Taiwan

TIPO issues guidance on use of trademarks on GPS maps

The Intellectual Property Office of Taiwan has provided guidance on the use of trademarks on GPS maps. If an electronic map manufacturer uses a registered trademark to indicate or describe the position of the trademark owner's place of business, such use will be considered 'fair use' under Article 30-1(1) of the Trademark Act, rather than 'trademark use'.

09 February 2011

Cats device held to be confusingly similar to dogs device

The Intellectual Property Court has held that For the People Group Inc's 'black cat and white cat' device mark was confusingly similar to Diageo Brands BV's well-known trademarks, including BLACK & WHITE (and 'two dogs' device) and the 'two dogs' device mark. The court concluded that People Group's registration for its cats device mark should be cancelled.

09 December 2010

Apple's marks and logo held to have enhanced distinctiveness

The Intellectual Property Court has annulled decisions of the Taiwan Intellectual Property Office and the Ministry of Economic Affairs in which the latter had found that there was no likelihood of confusion between the mark APPLE LINE (and apple design) and Apple Inc's well-known APPLE marks.

05 October 2010

Dog device held to be confusingly similar to famous cartoon character

The Intellectual Property Court has held that a trademark owned by Taiwanese company Wang-Wang-Bao-Bay Pet Products Ltd, which consisted of a dog device, was confusingly similar to the well-known SNOOPY marks, owned by US company United Feature Syndicate Inc. The court concluded that the dog device mark should be cancelled.

23 April 2010

FEDEREX is not confusingly similar to FEDEX, says court

The Supreme Administrative Court has affirmed the judgment of the Taipei High Administrative Court in which the latter had found that the stylized trademark FEDEREX for goods and services in Classes 12 and 35 of the Nice Classification was not confusingly similar to the well-known FEDEX marks for courier services.

13 January 2010

JOJOBA and NATURALLY JOJO are confusingly similar, says court

The Supreme Administrative Court has upheld a decision of the Taipei High Administrative Court in which the latter had found that the marks JOJOBA and NATURALLY JOJO were confusingly similar. Among other things, the High Administrative Court had held that the evidence of use of the Chinese-character mark JO-JO-BA could not serve as evidence of use of the JOJOBA mark.

09 September 2009

Hermès bags record infringement compensation

The IP Court has awarded record damages of NT$256.3 million to Hermès International against an infringer who sold counterfeit Hermès bags. The infringer had already been sentenced to three months' imprisonment and must now pay damages in the civil suit, as well as paying for publication of the judgment in two local newspapers.

21 May 2009

Hermès bags landmark ruling in Taiwan

A specialist IP court has handed Hermès the highest amount of damages ever awarded in a trademark infringement case in Taiwan.

17 April 2009

K-Swiss's five-stripe design held to lack distinctiveness

The Taipei High Administrative Court has upheld a decision by the Intellectual Property Office in which the latter had found that K-Swiss Inc's five-stripe figurative trademark for shoes lacked distinctiveness. Among other things, the court agreed with the office that consumers would identify the source of the shoes based on the K-SWISS marks, rather than the five-stripe design.

24 September 2008

Massachusetts Institute of Technology wins fight over MIT mark

The Taipei High Administrative Court has dismissed an appeal against a decision to refuse registration of the trademark MIT EDUCATION GROUP MULTIPLE INTELLIGENCE TECHNOLOGY, MULTIPLE INTELLIGENCE EDUCATION on the grounds that there was a likelihood of confusion with the Massachusetts Institute of Technology's famous mark MIT.

02 April 2008

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