Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
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Results: 4 Answers
Trademarks
7.
Enforcement and remedies for trademark infringement
7.1
What remedies are available against trademark infringement?
 
Taiwan
  • Cessation or prevention of the infringement;
  • Destruction of infringing articles and materials or implements used in the infringing acts; and
  • Compensation for damages.
For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
7.2
What remedies are available against trademark dilution?
 
Taiwan
Protection against dilution is available exclusively for well-known trademarks. Registrants can demand that dilution be stopped or prevented.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
7.3
Does the law recognise remedies against other harms to trademark rights besides infringement and dilution?
 
Taiwan
The following actions are considered to constitute trademark infringement and are thus prohibited:

  • knowingly using words that are incorporated in another party’s well-known registered trademark as the name of a company, business, group or domain, or in any other name that identifies a business entity, in a way which creates a likelihood of confusion for relevant consumers or a likelihood of dilution of the distinctiveness or reputation of that well-known trademark; and
  • manufacturing, possessing, displaying, selling, exporting or importing labels, tags, packaging or containers that have not been applied in relation to goods or services, or articles that have not been applied in relation to services, knowing that such articles would likely infringe trademark rights.
For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
7.4
What is the procedure for pursuing claims for trademark infringement?
 
Taiwan
  • Filing a civil action against the infringer; and/or
  • Filing a criminal complaint with the police or a prosecutor.
For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
7.5
What typical defences are available to a defendant in trademark litigation?
 
Taiwan
  • No likelihood of confusion;
  • Invalidity of the trademark registration;
  • Fair use;
  • Prior good-faith use; and
  • Doctrine of international exhaustion.
For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
7.6
What is the procedure for appealing a decision in trademark litigation?
 
Taiwan
A decision in trademark litigation may be appealed to the IP Court at second instance. In civil cases, a case may be appealed to the Supreme Court at third instance.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices