Region: Taiwan

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

Regional associations combating counterfeits in the Asia-Pacific

Featured in WTR Special Report Q2 2023: Spotlight on Asia-Pacific: A guide to strategically navigating the evolving landscape

04 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

Draft amendment to the Trademark Act - what you need to know

Key changes include the abolishment of opposition proceedings and the introduction of the Trial and Appeal Board. 

19 April 2023

Does adding a Chinese transliteration of a foreign trademark to imported goods qualify as fair use?

The decision of the Intellectual Property and Commercial Court in this case provides important guidance regarding fair use. 

13 March 2023

IPC court revokes trademark registration over generalness

A recent ruling highlights the perils of a previously approved trademark shifting from distinctive to generic through common, third-party usage.

23 February 2023

Fewer filings, NFTs, alliances and bad-faith marks: APAC year in review

WTR looks back at major trends in the Asia-Pacific region from the past 12 months.

11 January 2023

Trademarks in Taiwan incorporating geographical indications face two-fold challenge

A recent SAC ruling has poured cold water on the use of geographical names in Taiwanese trademarks. Future applicants may need to work much harder to prove that their marks are distinct and avoid misdescription - throwing the popular use of such trademarks into question.

15 December 2022

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