Taiwan Trademark News Letter
No.4 issued in July 2024
Avail International Trademark
Attorney at Law
Ching-I Lu
attorney at law |
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INTA Bulletin on July 17, 2024, published two articles by Ching-I Lu
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It is Ching-I Lu’s first time attending INTA’s committee this year, specifically the INTA Bulletins Committee for the 2024–2025 term.
Ching-I Lu is glad to share her first two articles published in the INTA Bulletin.
The two articles describe important new Taiwan trademark regulations implemented on May 1, 2024: “Regulations Governing Trademark Agent Registration and Management” and “Accelerated Examination Procedures for Trademark Registration Applications”.
To learn more, please click on the link below to INTA's website: |
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Tips for Trademark in Taiwan |
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A trademark applicant should have the genuine use intention |
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The applicants should file the trademark application within the scope of the business in which they intend to engage for designated goods or services. If the examiners suspect the applicant's genuine use intention for the application based on objective information, they may conduct verification ex officio. Paragraph 2 stipulates that the examiners may notify the applicant to submit relevant evidence with an explanation if necessary.........
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Latest Trademark Practice Insights
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The scope for bona fide prior users may continue to use a trademark |
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....after the implementation of the new Trademark Act, the scope applicable to the bona fide prior use defense is limited to the "scope originally used " rather than " goods or services originally used". However, what is the “scope originally used”?..... |
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The accused is not guilty because the trademark identification report only has a conclusion |
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....the judgment also decided the accused not guilty because the written report ” only has a conclusion and does not detail the process of judgment and the basis of the determination”, and “the trademark owner is not willing to have people with the ability to identify the genuine come to the court to explain the inspection process.” The seized goods could not even be confiscated...... |
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The factual status criterion for distinctiveness in a trademark opposition case |
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Applicants should pay attention to cases like this. Many trademark applicants believe all people can legally use a trademark, which was rejected based on lack of distinctiveness. However, if other later applicants can prove to obtain acquired distinctiveness, the later applicants can still obtain trademark registration. The earlier applicant who does not hold registration may become the target of exclusion from trademark infringement action...... |
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Before establishing this firm in 2022, Ching-I Lu practiced in the Trademark Department of a leading law firm, which is also top three firms in Taiwan, for more than 15 years.
She specializes in trademark matters, including litigation and prosecution. Ching-I Lu ever represented many leading companies in the world to retrieve their famous trademarks in Taiwan.
Ching-I Lu was invited to be the first Secretary-General of the Taiwan Trademark Association from 2020 to 2022.
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