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August 2017
The gist of presumed trademark infringement under Article 70, Subparagraph 2 of the Trademark Law should not be limited to infringement patterns where two trademarks are completely "identical"(Taiwan)
August 2017
If any person rushes to register a trademark merely because of the knowledge that the trademark has been used by another person first, the trademark registration may certainly be canceled pursuant to law, regardless of whether such earlier trademark is a famous trademark in Taiwan or elsewhere and whether it has been registered(Taiwan)
August 2017
Although the determination of whether a trademark is used should also take into account the goods to be put on the market, still such use should be sufficient to cause the consumers to identify it as a trademark(Taiwan)
August 2017
Whether a mark is a famous mark should be determined based on the general perception of relevant enterprises or consumers within the territories of the Republic of China(Taiwan)
August 2017
Paragraph 2 of Article 63 of the Trademark Law applies and the trademark authority may cancel the trademark registration of a trademark holder only when the trademark holder is clearly aware or should have been aware that the licensee is subject to all of the criteria under Article 63, Paragraph 1, Subparagraph 1 of the Trademark Law without raising any objection(Taiwan)
August 2017
When the strength of a trademark's distinctiveness is argued, examination should not be conducted by differentiating or splitting the words in the trademark(Taiwan)
August 2017
A suggestive mark is different from a descriptive mark for being distinctive(Taiwan)
August 2017
Since the market value of special exhibition items is claimed in advertisements to attract visitors, such value should be based on comparable actual market transaction prices or appraised prices determined by fair and objective third parties(Taiwan)
August 2017
The "misleading" advertisements prohibited under Article 21 of the Fair Trade Law refer to those which are likely to cause misconceptions or erroneous decisions among the general or relevant public, regardless of whether their indications or representations are consistent with the reality(Taiwan)
August 2017
The evidence relied on to determine if a party is in fact in violation for concerted action is not limited to direct evidence(Taiwan)
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