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Amendments to Trademark Laws

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Jun 03, 2021 (Newsletter Issue 11/21)
Taiwan
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Trademark Use Not Limited to Use in Trade


The Supreme Administrative Court (SAC) clarified in a judgment in 2020 that use of a trademark as stipulated in the Trademark Act is not limited to profit-making commercial transactions.

According to Article 5 of the Trademark Act, "use of a trademark" means any of the following act, "in the course of trade", where such trademark is capable of being recognized by relevant consumers as a trademark:

1. to apply a trademark to goods or packaging or containers thereof;
2. to possess, display, sell, export, or import the goods referred to in the preceding subparagraph;
3. to apply a trademark to articles relating to the provision of services; or
4. to apply a trademark to commercial documents or advertisements relating to goods or services.

The SAC pointed out that the Trademark Act only requires that use should be "in the course of trade" which is not limited to profit-making business transactions. The use of trademarks registered by non-profit organisations, e.g., Harvard University, National Taiwan University and Tzu Chi Foundation, are examples of applicable use.

Source: Deep & Far, Taiwan and Lee and Li Attorneys at Law, Taiwan