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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4. Results: Answers
Trademarks
6.
Rights of registered and unregistered marks
6.1
What, if any, protection is afforded to unregistered trademarks?
Taiwan

Answer ... An unregistered trademark is not protected unless it is a well-known trademark under the Fair Trade Act.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
6.2
What legal rights are conferred by a trademark registration?
Taiwan

Answer ... The owner of a registered trademark has the exclusive right to use the trademark in relation to the designated goods or services.

The advance consent of the owner of a registered trademark is required in order to:

  • use a mark which is identical to the registered trademark in relation to goods or services which are identical to those for which it is registered;
  • use a trademark which is identical to the registered trademark in relation to goods or services which are similar to those for which it is registered, in a way which may create a likelihood of confusion for relevant consumers; or
  • use a trademark which is similar to the registered trademark in relation to identical or similar goods or services to those for which it is registered, in a way which may create a likelihood of confusion for relevant consumers.

For more information about this answer please contact: Julia Hung from Saint Island International Patent & Law Offices
6.3
If there is a separate register for descriptive marks, what legal rights are conferred by registration therein?
Taiwan

Answer ... No.

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