Region: Taiwan

The IP and Commercial Court has upheld the Taiwan IP Office’s rejection of Amazon Technologies’ mark – an invented word that is simply the combination of two dictionary words – finding it descriptive rather than suggestive.

09 June 2022

This update provides an overview of the key amendments to the laws, including the fact that criminal liability now applies to certain preparatory and contributory acts of trademark infringement.

07 June 2022

A raft of suggested changes to the current Trademark Act could have a big impact on the IP landscape for many years to come. In particular, the draft amendments propose establishing a new committee that would be responsible for reviewing all formally rejected cases and examining invalidation and cancellation actions.

26 May 2022

An online retail platform manipulating internet search algorithms to drive traffic to its website has been found to violate the Fair Trade Act and to be “taking a free ride on the competitor’s business efforts”.

19 May 2022

The court ruled that trademark owners shall not be at fault in non-use revocation actions when the TIPO has changed its interpretation of the goods/services classification. 

12 April 2022

The Supreme Administrative Court has found in a rights holder’s favour in a case involving shifting class categories. However, rulings in this area are inconsistent and IP owners should take steps to shore up their marks.

07 April 2022

A prior right owner may demonstrate an applicant’s bad faith under Article 30(I)(12) of the Trademark Act if the two parties are competitors in the same industry or are engaged in related fields, even if they have no direct business relationship.

21 January 2022

The emergence of e-commerce, in which a wide range of goods are readily accessible, is leading to increasing overlap between the sales channels and target consumers of goods or services designated by different marks.

13 January 2022

Covid-19 lockdowns have forced some businesses to stop using their trademarks. While there is no word from Taiwan’s government on how this may affect non-use cancellations, owners can take pre-emptive steps to keep their marks valid.

02 December 2021

This decision of Taiwan’s IP Court demonstrates what type of evidence is required to prove trademark use when the mark at issue is used on a website that does not have a ‘.tw’ top-level domain.

09 November 2021