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07.11.2022 | Oppositions Against European Trademarks

Oppositions Against European Trademarks European Trademarks: European Trademarks (“EUTM”) requires only a single trademark registration to enjoy trademark protections in 27 regions of the European Union. Oppositions Against EUTM Given this odd extensive coverage of EUTM, EUTM applications receives popularity. Contemporaneously, EUTM receives criticisms deriving from such popularity. How Oppositions Against EUTM all begin? Once application for a EUTM is made, the examination authority would begin their investigations. Upon approval, it is published in the EU Trademark Journal. The application... MORE

07.11.2022 | Changes to the address of trademark cannot be spared, otherwise the consequences will be severe

Changes to the address of trademark cannot be spared, otherwise the consequences will be severe In many instances, by reason of the costs and troubles, enterprises would neglect making changes to their registered trademarks in accordance with the law when their name and addresses have changed. Neglecting what was supposed to be done would lead to devastating consequences. A successful trademark application is merely the first step in trademark operation, the preciseness of trademark managements dictates whether the trademark could... MORE

07.11.2022 | Do I need a patent, trademark or copyright in Taiwan?

Do I need a patent, trademark or copyright in Taiwan? Still thinking about applying for a trademark? Or have you made a rather unusual discovery or invention? Or have you found someone else in the market who has plagiarized your paintings or designs? This article will take you to a preliminary solution. First of all, before considering whether you or your company need the protection of patent, trademark or copyright in our country’s laws, you should confirm what the right... MORE

23.06.2022 | Hong Kong – Customs combat cross boundary transshipment

Hong Kong – Customs combat cross boundary transshipment Hong Kong Customs conducted an operation between 26 April and 9 May and combat cross-boundary transshipment and seized about 80,000 items of suspected counterfeit goods, including watches, mobile phone accessories, sunglasses and fashion accessories with an estimated market value of over HK$2.2M (US$290k). Investigation is ongoing. Importing counterfeit goods is a serious crime in Hong Kong. The maximum penalty is imprisonment for 5 years.

23.06.2022 | Filing Basis for Trademark Application

Filing Basis for Trademark Application In Taiwan, there is no so-called filing basis for trademark application. However, when you need to file a trademark application in the United States, the application case in Taiwan would be crucial. Practical execution and opinions with regards to filing bases are as follows. There are multiple filing bases on trademark application in the United States. For example, “intent-to-use”, “used-in commerce”, and “foreign registration”. Among them, you must provide a certificate of use in the... MORE

23.06.2022 | When will a trademark be invalidated?

When will a trademark be invalidated? Registered trademarks may be rejected and revoked. These procedures are familiar in the current trademark registration and use process. But what exactly is invalidation of trademark? In China, what does it mean to obtain a trademark registration certificate, and get it declared invalid later? It seems self-contradictory for the state to declare the trademark invalid after approving it. This article explains the reasons behind. 1. The Trademark Law stipulates: “Where a trademark registration violates... MORE

18.05.2022 | China – International Registration for Industrial Design – Hague System

China – International Registration for Industrial Design – Hague System International Registration for Industrial Design is available in China (excluding Hong Kong and Macau) since 5 May 2022. Overseas applicants may now apply for international industrial design protection in China through the Hague System. The local Chinese applicants are easier and quicker to seek international protection also through the Hauge System, and become more competitive internationally.

18.05.2022 | Beware of Trademark Squatting in Hong Kong

Beware of Trademark Squatting in Hong Kong Before entering a potential target market, it is highly recommended to make sure that the exclusive rights of an enterprise’s valuable trademark are adequately protected in the region in advance. The recognition and acquisition of trademark exclusive rights are generally governed by different laws and regulations of different countries/ regions, including the first to register principles, the first to use principles or the mixed principles. The first to register principle determines the ownership... MORE

18.05.2022 | Preparation for trademark application paperwork

Preparation for trademark application paperwork According to the provisions of the Taiwan trademark application, the necessary documents for the trademark application are as follows: 1. Trademark to be applied for: for application on paper, five trademark printouts shall be provided. For online application, the trademark design shall be in the form of a jpg file with an image quality higher than 300dpi. 2. Applicant Information: For company applicant, the company name, unified code, name and address of the representative shall... MORE

30.03.2022 | Functions of brands

Functions of brands 1. Identification The function of identification is the basic and original function of brands. Brands can reduce the time and effort that consumers spend while they are shopping. When consumers are buying commodities, they face a dazzling array of commodities and their buying behaviors are related to comparison and selection. In marketing, consumers’ cognition of brands is often expressed as an overall feeling, consistent trust and favorability of quality, characteristics, and product image, which affects consumers’ interest... MORE

Benny Kong & Tsai, Solicitors

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