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Intellectual Property and Commercial Court


2013 Xing Shang Su Zi No. 103

Decision No. 2013 Xing Shang Su Zi No. 103
Date March 26, 2014
Decision Highlight

The defendant claimed that the same evidence of use may not support two trademarks. However, there were no legal provision to support this claim. Multiple trademarks are often tagged on single merchandise in modern trade practices. This means that multiple trademarks may have the same evidence of use.

If two trademarks may not share the same evidence of use, that would raise additional limitations, not based on law, on trademark rights. Furthermore, the cancellation of a trademark will depend on whether the evidence has been used in prior cases rather than on the fact that the trademark has been actually used.

As a result, the defendant’s claim is inconsistent with the main purpose of the trademark system. Thus, the defendant’s claim above is unacceptable.


Multiple trademarks

Relevant statutes Articles 63, Paragraph 1, Subparagraph 2 of the Trademark Act amended and published on 2011, June, 29
  • Release Date:2020-11-16
  • Update:2020-12-07