Taiwan

The Judgment of Similarity of Trademarks

The Judgment of Similarity of Trademarks

 An Observation of The Main Part of The Logos (No. 48/ 2012 of the IP Court) (The trademark in dispute) vs. (The trademarks cited as the bases in the Invalidation) The complainant filed the trademark in dispute designating the goods of dolls and toys and being allowed for registration (Reg. No.1313000) by the TIPO (the […]

 An Observation of The Main Part of The Logos (No. 48/ 2012 of the IP Court) (The trademark in dispute) vs. (The trademarks cited as the bases in the Invalidation) The complainant filed the trademark in dispute designating the goods of dolls and toys and being allowed for registration (Reg. No.1313000) by the TIPO (the […]
The Partial Amendment to The Patent Act Has Been Effective on June 11, 2013

The Partial Amendment to The Patent Act Has Been Effective on June 11, 2013

On May 31, 2013, the amended Articles of the Patent Act were passed by the Legislative Yuan. These amended articles have been promulgated by the President and effective on June 11, 2013. We herewith list the amended Articles of the Patent Act with our comments as follows: 1.       Article 32:  One creation applied for invention patent […]

On May 31, 2013, the amended Articles of the Patent Act were passed by the Legislative Yuan. These amended articles have been promulgated by the President and effective on June 11, 2013. We herewith list the amended Articles of the Patent Act with our comments as follows: 1.       Article 32:  One creation applied for invention patent […]
Keep creating, keep innovating – the Message to The Next Generation from Director General of WIPO Francis Gurry

Keep creating, keep innovating – the Message to The Next Generation from Director General of WIPO Francis Gurry

This year theme of World Intellectual Property Day April 26, is “Creativity – The Next Generation” Nowadays mankind creates and develops in a very dynamic and exciting pace. Life sciences together with the new technologies generate a great potential for development. They are transforming the way we live, communicate, heal, entertain, work or study. “What […]

Principles to deal with the patent matters during the transition stage from the former Patent Act to the amended One

Principles to deal with the patent matters during the transition stage from the former Patent Act to the amended One

The amended Patent Act was promulgated on December 21, 2011 by President Order and has been entered into force on January 01, 2013. Therefore, the TIPO has compiled the questions and principles to deal with the patent matters during the transition stage from the former Patent Act to the amended one. Article Situation Act to […]

The amended Patent Act was promulgated on December 21, 2011 by President Order and has been entered into force on January 01, 2013. Therefore, the TIPO has compiled the questions and principles to deal with the patent matters during the transition stage from the former Patent Act to the amended one. Article Situation Act to […]
USPTO Announces New Patent Prosecution Highway Partnership (PPH) With Taiwan Intellectual Property Office

USPTO Announces New Patent Prosecution Highway Partnership (PPH) With Taiwan Intellectual Property Office

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced the launch of a permanent Patent Prosecution Highway (PPH) program with the Taiwan Intellectual Property Office (TIPO). The permanent PPH program, which started on September 1, 2012, will continue to permit each office to benefit from work previously done by the […]

The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) today announced the launch of a permanent Patent Prosecution Highway (PPH) program with the Taiwan Intellectual Property Office (TIPO). The permanent PPH program, which started on September 1, 2012, will continue to permit each office to benefit from work previously done by the […]
Apple Settles iPad Trademark Case with $60m

Apple Settles iPad Trademark Case with $60m

US technology giant Apple Inc (Apple) has settled a lingering dispute with a local technology company concerning the use of the iPad trademark for the California-based tech giant’s popular tablets computers in the Chinese mainland. According to Guangdong High People’s Court, Apple has ended their long-running iPad name dispute in China with Proview with a […]

US technology giant Apple Inc (Apple) has settled a lingering dispute with a local technology company concerning the use of the iPad trademark for the California-based tech giant’s popular tablets computers in the Chinese mainland. According to Guangdong High People’s Court, Apple has ended their long-running iPad name dispute in China with Proview with a […]
A Taiwan university sues Apple over speech recognition patents

A Taiwan university sues Apple over speech recognition patents

A Taiwan university has filed a patent infringement suit against Apple Inc in a U.S. court over the iPhone maker’s Siri speech recognition system, which lets users place calls or perform other tasks with voice commands, and is seeking undisclosed damages. Apple is also wrestling with Samsung Electronics Co Ltd in one of the biggest-ever […]

A Taiwan university has filed a patent infringement suit against Apple Inc in a U.S. court over the iPhone maker’s Siri speech recognition system, which lets users place calls or perform other tasks with voice commands, and is seeking undisclosed damages. Apple is also wrestling with Samsung Electronics Co Ltd in one of the biggest-ever […]
It is not regarded as the use of a trademark for a name of an advertising character which is not used as an indication of the source of goods or services

It is not regarded as the use of a trademark for a name of an advertising character which is not used as an indication of the source of goods or services

The trademark in dispute A trademark “花太郎” (transliteration: Hua-Tai-Lang. A Japanese name)” designating the services of “restaurants” was allowed for registration inTaiwan. The complainant filed an opposition against the above trademark during its publication period according to the old Trademark Act, Article 23.1(14) by the reason that the complainant has used “花太郎” as a trademark […]

Since July 1, 2012, it is available to pay the trademark registration fee after the official due date

Since July 1, 2012, it is available to pay the trademark registration fee after the official due date

Before July 01, 2012, when an applicant unintentionally failed to pay the registration fee by the official due date, it was not allowed to restore the trademark right. Each year, there were about 2400 trademarks being lapsed due to failing to pay the registration fees because the applicants were out of the country, made a […]

The success in commerce of a product manufactured in accordance with a patent in dispute cannot prove that the patent in dispute meets the inventive step requirements

The success in commerce of a product manufactured in accordance with a patent in dispute cannot prove that the patent in dispute meets the inventive step requirements

A Utility Model patent related to “mold-proof patch” inTaiwanwas invalidated by a third party by the ground of “in lack of inventive step” according to the Patent Act, Article 94.4. The complainant (patentee) initiated an administrative action up to theIP Courtagainst the decision of the Appeal. One of the grounds claimed by the complainant was […]

A Utility Model patent related to “mold-proof patch” inTaiwanwas invalidated by a third party by the ground of “in lack of inventive step” according to the Patent Act, Article 94.4. The complainant (patentee) initiated an administrative action up to theIP Courtagainst the decision of the Appeal. One of the grounds claimed by the complainant was […]
Trademark

Trademark

According to Article 23 I (13) of the Trademark Act, a trademark application shall be rejected if the proposed trademark is identical or similar to a registered trademark or a proposed trademark of a preceding application that is designated for use on identical or similar goods or services thereof and hence likely to cause confusion […]

The Prescription for a Patentee to Claim for Damages

The Prescription for a Patentee to Claim for Damages

According to Paragraph 1 of Article 197 of the Civil Code in Taiwan, the claim for the injury arising from a wrongful act shall be extinguished by prescription, if not exercised within two years from the date when the injury and the person bound to make compensation became known to the injured person. The same […]

Taiwan and Japan to Start PPH Pilot Program May 1

Taiwan and Japan to Start PPH Pilot Program May 1

Following the Patent Prosecution Highway (PPH) Pilot program with the United States Patent and Trademark Office, TIPO will begin a similar pilot program with the Japan Patent Office (JPO) on May 1. This is a milestone in patent cooperation and exchange between Taiwan and Japan since the signing of the Arrangement for the Mutual Cooperation […]

The TIPO published an advance announcement of the draft of “Regulations for Governing the Foreign Language Documents” on May 17, 2012.

The TIPO published an advance announcement of the draft of “Regulations for Governing the Foreign Language Documents” on May 17, 2012.

According to Article 145 of the draft amendment to the Patent Act passed by the Legislative Yuan on November 29, 2011, the competent authority shall promulgate regulations governing the limitation of the foreign language documents submitted in accordance with Paragraph 3 of Article 25, Paragraph 3 of Article 106, and Paragraph 3 of Article 125. […]

Brief Introduction to Key Points of the Amendment to the Trademark Act in Taiwan

Brief Introduction to Key Points of the Amendment to the Trademark Act in Taiwan

1. Motives and Timeline of the Amendment Under the rapid development of industries and businesses and vigorous and diverse changes in the models of business and trading of recent years, many provisions of the Trademark Act 2003 (hereinafter, “the Act”) are insufficient for practical application. Furthermore, provisions pertaining to trademark infringement also give rise to […]