Trademark

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September 2020

If the trademark holder claims that the trademark is a well-known mark, it shall provide sufficiently objective evidence to proof that the trademark has been generally recognized by relevant businesses or consumers (Taiwan)

August 2019

Formulation of the Operating Guidelines for Third-Party Opinions in Trademark Registration Applications (Taiwan)

July 2019

When a trademark owner uses a registered trademark by changing its device, the registered trademark should be deemed used only if this is sufficient to cause the consumers to perceive that such changed trademark is the same as the original registered trademark according to general social constructs (Taiwan)

February 2019

The trademark right of an unregistered trademark not protected even though it is used earlier; however, the holder of the earlier used trademark is exceptionally granted with a remedy right to avoid trademark squatting conducted by plagiarizing and imitating a trademark created by another person (Taiwan)

December 2018

Although the evidence of use for trademarks or marks is not limited to domestic evidence, still the precondition is that overseas evidentiary materials should be knowable to relevant domestic enterprises or consumers (Taiwan)

August 2018

Materials distributed for a conference, and publications made based on the papers published at such conference, are merely incidental publications of the conference, and whether there is trademark use shall be determined through a detailed investigation (Taiwan)

July 2018

If a trademark applicant who becomes aware of a trademark used earlier by another person intends to imitate such trademark by registering a similar trademark for use on similar goods, such registration shall be prohibited, and this is not a precondition by whether the relevant public or consumers are likely to be confused or led to misidentification (Taiwan)

June 2018

Although the plaintiff in a trademark infringement lawsuit did not substantiate actual confusions or misidentifications, still the likelihood of confusions and misidentification were shown in the results of a market survey commissioned to a market survey institution upon application by the defendant in this lawsuit (Taiwan)

February 2018

The fact finding in a trademark revocation case should be based on the timing of the revocation application (Taiwan)

January 2018

Whether a text used by a trademark is inherently distinctive should depend on whether such text is an existing word or thing (Taiwan)
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