Select Country

Select a country to view information on local trademark law

A-E  F-J  K-O  P-T  U-Z

Multinational Agreements
Enter Client Voucher:   Info

Get Listed

Promote your expertise to IP professionals worldwide.
read more

Show Articles

Subscribe to Free Newsletter

To keep updated on the latest amendments to international trademark laws click here

Amendments to Trademark Laws

Print this page
Jun 03, 2021 (Newsletter Issue 11/21)
Show Country Survey

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