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Intellectual Property and Commercial Court



Decision No. 2008-Xing-Zhi-Shang-Yi-52
Date January 22, 2009
Decision Highlight

A person who wishes to obtain trademark rights in order to identify his goods or services shall apply for trademark registration as provided under the Trademark Act. The term, use of trademark, as referred to in the Trademark Act means the utilization of trademark for the purpose of marketing goods, services or related articles, or the utilization of two-dimensional images, digital sounds or images, electronic media, or other media, sufficient to make relevant consumers recognize it as a trademark. This definition is based on Articles 2 and 6 of the Trademark Act. According to these two articles, the use of a trademark should meet the following requirements: A user should have the intent to identify the source of his or her goods or services from those of another; such user should have the purpose of marketing his or her goods or services; there must be an active act of labeling with such a trademark; and the labeling should be sufficient to cause relevant consumers to identify it as a trademark. In addition to the above-mentioned requirements, to determine a use of trademark, the court should also consider the layout, word format, font size of the two-dimensional image, digital sounds and images, or electronic media to see if it possesses distinctiveness or is adequate to allow consumers to distinguish the source of such goods from other sources. The labeling or appearance of texts or images on product packaging or in an advertisement is not necessarily use of a trademark.

Related Provision Trademark Act: Article 2; Article 6
  • Release Date:2020-11-13
  • Update:2020-12-03