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26 September 2017

Taiwan approves major amendment to protect trademarks at the border

A major amendment to the regulations governing customs border measures will be key in the protection of trademarks. The measures allow the owner of a trademark to apply to have it recorded on Customs' database, enabling Customs to seize counterfeits when it inspects imported or exported goods ex officio.

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.

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


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.

14 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.

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.

16 April 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.

27 January 2015

Intel successful in trademark infringement action against LED products manufacturer

The Intellectual Property Court has ruled in favour of Intel in a trademark infringement action involving the use of EDIXEON and EDIXEON INSIDE by Edison Opto Corp, a local manufacturer of LED products. Among other things, the court held that, since Intel's XEON mark is famous among the relevant consumers, the defendant's use of EDIXEON and EDIXEON INSIDE could dilute the highly distinctive character of the XEON mark.

02 April 2014

Use of 'V-KOOL' as mark, domain name and company name held to constitute infringement

The Intellectual Property Court has rendered a decision in favour of plaintiff Solutia Singapore Pte Ltd, the owner of the famous V-KOOL mark for window film, in a trademark infringement case involving the use of the term 'V-KOOL' as a trademark, domain name and company name.

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.