Organisation: Taiwan Intellectual Property Office

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

Legal Updates you may have missed: fashion and luxury wins

We continue our series highlighting recent Legal Updates that you may have missed by looking at cases where trademark owners in the luxury and fashion sector have successfully protected their rights.

12 January 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

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

Wide-ranging draft amendment looks set to reshape trademark landscape

The recently passed draft aims to modernise the Taiwanese trademark regime, shaking up pre-existing policies with regard to applications, reviews, oppositions, cancellations and Customs proceedings.

11 May 2023

LVMH ruling establishes new interpretations of well-known marks and their protection

A decision from the Supreme Administrative Court’s Grand Chamber lowers the levels of consumer and industry awareness needed to prove a mark’s well-known status and receive requisite protections.

27 April 2023

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