Taiwan: Trademark

Regular readers of our articles will know that we like to discuss trade mark cases from around the world and that many of the cases we report on are what would be referred to as ‘confusingly similar trade mark cases'. In this article, we discuss two trade mark cases recently heard in Taiwan.

In this article, we discuss a case in Taiwan dealing with confusingly similar trade marks, as well as an EU case that shines a light on certain trade mark principles. To begin, we'll take a look at Taiwan and the VW device mark.

On August 5, 2024, the Intellectual Property and Commercial Court (hereinafter the "IP Court") issued its Civil Judgment No. 112-Min-Shang-Su-Zi-54, which analyzes and assesses whether a licensor can terminate a license agreement on the grounds that the licensee has exceeded the scope of the license.

One of the most straightforward and cost-effective approaches for a trademark owner to halt infringement is to seek customs border protection.

最近（2021年2月）、台湾の知的財産裁判所は、ある商標権侵害事件の中間判決（109年度民商訴字第27号）を下した。

"Trademark Use," as provided in Article 5 of the Trademark Law, means the use of a trademark for marketing purposes in any of the following manners to enable the relevant consumers to recognize it as a source-identifier:

The Intellectual Property Court pointed out in a civil litigation against trademark infringement that the exclusive license should be limited to the situations where the trademark owner will not use the licensed trademark.

According to the Trademark Act, the exclusive licensee is entitled to take legal actions against trademark infringement as the trademark owner may take.

Rights holders looking at Asia-Pacific enforcement budgets often have to make hard decisions about where to take action.