Ms Sophia Chen

Sophia Chen

Updates

Intellectual Property

Overview of draft amendments to Trademark Act
Taiwan | 26 April 2021

The Taiwan Intellectual Property Office (TIPO) recently published draft amendments to 53 articles of the Trademark Act. Among other changes, the amendments introduce a new TIPO Appeal and Dispute Board, which will be responsible for deliberating on trademark remedy cases. This article summarises the main changes that the amendments introduce.

Use of geographic name as trademark may constitute passing off
Taiwan | 22 February 2021

A brand owner filed an invalidation action against the trademark 約克夏茶YORK SHIRETEA and a device mark in respect of services in Class 42 for a violation of the Trademark Act. After examination, the defendant (ie, the IP Office) cancelled the trademark's registration. Dissatisfied, the plaintiff filed an administrative appeal with the Ministry of Economic Affairs, which was dismissed. The plaintiff then filed an administrative suit with the IP Court.