Region: Taiwan

Pendency increases at Taiwan IP Office despite continued drop in applications

TIPO's annual report promises to improve efficiency and examination quality despite limited resources and growing pendency.

18 July 2024

IP Court provides guidance on trademark use in non-use cancellation actions

The decision sets forth some criteria to determine whether goods or services should be considered the same or equivalent.

25 June 2024

Figurative marks for Class 9 goods held to simply illustrate how to use the goods

The marks, when used on mobile phone cases, simply depicted the appropriate position and direction for use of the goods with a MagSafe wireless charging device.

29 February 2024

Brand protection at the Taiwanese border: insights and strategies from the front line

Featured in Border and customs protection around the world

In the next stop of our journey to understand the challenges of brand protection at the borders and ports of entry in various countries, we head to the Taiwan border.

23 November 2023

Determining the similarity of conflicting marks: insights from TIPO decision in Louis Vuitton opposition

The decision provides guidance for determining well-known status and the likelihood of confusion between conflicting marks.

20 November 2023

Can evidence of use submitted on appeal be accepted to defend against a non-use revocation action?

If a trademark registration is cancelled due to the owner's failure to respond to a non-use revocation action, the owner can still present evidence of use during the appeal stages.

29 September 2023

Taiwan: Draft Amendments Aim to Attract More Rights Holders to Apply for Protection

Featured in The Trademark Prosecution Review 2024

Internationalisation has always been the goal pursued by Taiwan’s IP legal system. Through the newest amendments to the Trademark Act, simplified registration procedures and reduced costs will encourage enterprises to invest in innovation, thereby promoting market competition and economic development.

22 September 2023

Alternative methods to curb trademark squatting amid post-registration opposition abolition

A draft amendment to Taiwan’s Trademark Act is set to replace the post-registration opposition system with invalidation proceedings. It will introduce a trial and appeal board and will allow third parties to submit observations during the pre-registration examination process.

24 August 2023

IPC Court provides guidance for determining whether sign is used as a trademark in infringement cases

It is important, notably, to assess whether the product displays other signs that are more likely to be perceived as indicators of origin.

13 July 2023

Amended good-faith prior use clause could threaten predictability in trademark suits

An amendment to Taiwan’s Trademark Law will muddy the scope of protection provided by good-faith prior use. This may make it more difficult for defendants to argue legitimate use of marks and for courts to assess infringement.

13 July 2023