Jul 29, 2021 | Why did the Intellectual Property Office say that my trademark cannot be registered in Taiwan?
Why did the Intellectual Property Office say that my trademark cannot be registered in Taiwan? Some customers may encounter a frustrating problem when they apply for trademarks on their own, that is, the notification by the Intellectual Property Office that they are not allowed to register the trademarks. However, what are the reasons for issuing such a notice? The high public awareness for protection of intellectual property rights creates an illusion that trademark application is a simple and easy process.... MORE
Jul 29, 2021 | “Trademark Roll” frequently appear, the Trademark Office strikes a heavy blow
“Trademark Roll” frequently appear, the Trademark Office strikes a heavy blow In the past 2020, news in the trademark field has repeatedly appeared in hot searches. Waves of “free-riding” and “reverse passing-off” trademark cybersquatting news have attracted widespread attention. The problem of malicious cybersquatting and hoarding of trademarks has been around for a long time, and has become more and more serious in recent years, harming the development of new economic and new form of industry. In January this year,... MORE
Jun 29, 2021 | HONG KONG : New Doxxing offence
HONG KONG : New Doxxing offence After the government discussion paper to combat doxxing acts was published over a year ago, the Personal Data (Privacy) (Amendment) Bill 2021 was gazetted on 16 July 2021 and is expected to be enacted by end of 2021. The Bill provides new provisions to combat doxing acts by regulating them criminal offences though nowhere in the Bill have mentioned the word “doxxing”. The new provisions read as follows- “A person commits an offence if... MORE
Jun 24, 2021 | Government (not Starbucks) sued counterfeiter on civil public interest and successfully claimed huge amount of punitive damages for consumers.
China: Government (not Starbucks) sued counterfeiter on civil public interest and successfully claimed huge amount of punitive damages for consumers. (Right side is fake) After the court imposed a penalty of fine for an amount of RMB 3.2 million (US$330,000) against the counterfeiter for the criminal offence of trademark infringement, Consumer council in Jiangsu Province as opposed to the trademark owner (in this case Starbucks) the first time took initiative to sue the counterfeiter at court civilly on basis of... MORE
Jun 24, 2021 | 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
Jun 24, 2021 | Michelin Sues Hong Kong Company for Trademark Infringement
Michelin Sues Hong Kong Company for Trademark Infringement Michelin, the French-based Company behind the internationally-renowned restaurant ratings guide, namely “Compagnie Générale des Etablissements Michelin”, recently filed a law suit against a Hong Kong company operating business via an online platform, for trademark infringement and passing-off, seeking damages and injunctive relief. The French-based company is the owner of registered trademarks for various “Michelin” and “米芝蓮”(Chinese transliteration of “Michelin”) and related trademarks in Hong Kong. It has accused the Hong Kong company... MORE
May 25, 2021 | “Little Yellow Duck” lost the claim for copyright infringement in Guangzhou, China
“Little Yellow Duck” lost the claim for copyright infringement in Guangzhou, China Little Yellow Duck Walnut duck The “Little Yellow Duck” copyright owner sued the Walnut duck in China for copyright infringement. The Little Yellow Duck lost the battle at the stage of 1st instance and appealed. The appeal court (Guangdong High People’s Court) upheld the 1st instance verdict and dismissed the appeal. The court commented : Protecting copyright is to encourage creation. Over protecting would however restrict the freedom... MORE
May 25, 2021 | Hong Kong : Court refused to allow Appellant to adduce new evidence on appeal after having lost the trademark opposition
The trademark laws in Hong Kong provide that the court shall have power to receive further evidence on questions of fact, and the evidence may be given in such manner as the court may direct. The following factors are relevant when determining whether to admit new evidence on appeal: (a) Whether the evidence could have been filed earlier and if so, how much earlier; (b) If it could have been, what explanation for the late filing has been offered to... MORE
May 25, 2021 | Regarding Changes to Registered Trademark
According to practical experiences, there will always be relevant degree of layout and planning within the anticipated period of trademark application. Notwithstanding, as an old time saying of the Chinese goes: “Planning is always playing a perpetual game of catch up with changes”. As a result, the Taiwan Intellectual Property Office proposed corresponding procedures that targets some unpreventable matters, as well as matters that must be changed. Through these proposed corresponding procedures, it wishes to make certain trademark registrants receive... MORE
Apr 14, 2021 | Procedure and Evidence Requirements for Trademark Cancellation in Non-Use Areas
Procedure and Evidence Requirements for Trademark Cancellation in Non-Use Areas Cancellation is a request to cancel all or part of the registered trademark. The reasons for cancellation due to non-use are as follows: – The trademark is not actually used in Hong Kong by the owner for its registered goods or services, or with his consent, it has not been used for more than three consecutive years without reasonable reasons (such as import restrictions on goods or services protected by... MORE
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