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17 October 2018

BALLDRIVE decision highlights IP Court’s strict approach to assessing distinctiveness of word marks

Taiwan’s IP Court has upheld a refusal to register the mark BALLDRIVE for goods in Class 7. The decision shows that a mark may be considered descriptive even when it has been coined by the applicant.

02 May 2017

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.

13 February 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.

02 September 2016

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.

23 February 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.

18 September 2015

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.

04 August 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.

22 June 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.

17 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.

28 January 2014

Defendants found not guilty of infringement, but ordered to distinguish their goods

In a case regarding the use of trademarks similar to earlier registered trademarks, the Intellectual Property Court has dismissed the plaintiff's claim of trademark infringement, but ordered the defendants to add distinguishing features to their products. Among other things, the court held that the use of the disputed trademarks by the defendants was in good faith, based on the creation and history of the marks in another country.

04 November 2013

Hugo Boss defeated in BABYBOSS case

The IP Court has ruled in favour of BabyBoss City Limited in a dispute with Hugo Boss over the figurative mark BABYBOSS. The court was not convinced that there would be likelihood of confusion among consumers as to the source of the goods. The judgment is significant because, three months earlier, a different tribunal of the same court had found that there was a likelihood of confusion between the word mark BABYBOSS and Hugo Boss’s marks.

06 February 2013

Leopard device for cars held to be confusingly similar to Jaguar's device mark

The Supreme Administrative Court has upheld a decision of the Intellectual Property Court finding that Shen's Glory Inc’s leopard device for goods in Class 12 was confusingly similar to British car manufacturer Jaguar's earlier registered jaguar device. Among other things, the lower court had found that consumers were likely to believe that goods bearing the marks came from the same source.

28 November 2012

Examination guidelines on non-conventional trademarks take effect

The Intellectual Property Office has promulgated the Examination Guidelines on Non-conventional Trademarks, based on the original Examination Guidelines on Three-Dimensional, Colour and Sound Trademarks. The new guidelines outline the definition and examination procedures for non-conventional trademarks (ie, three-dimensional, colour, sound, motion, hologram, position, scent, tactile and taste trademarks).

12 November 2012

Trademark Act's new enforcement rules take effect

On July 1 2012 the new Trademark Act became effective. To facilitate its enforcement, the Intellectual Property Office amended the Enforcement Rules of the Trademark Act, which also took effect on July 1 2012. Among other things, new provisions have been added specifying that, when filing a trademark application, the applicant may be ordered to provide a description of the trademark and trademark sample(s), if necessary.

28 September 2012

IP Court considers representation of foreign legal persons in trademark proceedings

In a trademark opposition case before the IP Court, the plaintiff argued that, since the intervenor was a foreign legal person and the signatory of the power of attorney was not that person's legal representative, the signatory had no right to execute the power of attorney on the legal person's behalf. The court decided that such disputes should be decided according to the laws of the legal person's home country.