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Trademark Infrigement

Trademark Infrigement
Taiwan is known as the “Treasure Island”, and many foreign companies want to take the lead and enjoy a place in the Taiwanese Market. If your business flourishes in Taiwan, you are more advantageous in developing new markets in other regions.

However, it may be the case that just when you decided to enter the Taiwanese market, you find that your trademark has already been registered in Taiwan by others. Dealing with this problem is a very important matter and the following should answer your questions.

The first question that springs to mind is why was your trademark registered by someone else in the first place? It is probably due to you having previously sold your products to Taiwan, such that downstream manufacturers think that selling products using your trademark would be a profitable business. Hence, they are applying for the trademark without obtaining your approval. What should we do when we really encounter this?

The Intellectual Property Office is your way to go. For example, we can provide a considerable degree of evidence to prove that we have business relationship with the infringing downstream manufacturers so as to prove that we are the real owner of the trademark to get back the trademark.

It is crucial to remember that whenever you encounter a trademark dispute, do not panic and seek professional advice from a professional agent. Furthermore, devise a trademark registration strategy to prevent others from infringing on your trademark rights while your business is trying to break into the Taiwanese market.

It is important to obtain trademark rights, but it is recommended to appoint a professional agent so that you can expand your business from Taiwan to more regions without any worries. Feel free to contact us for more assistance and professional advice on how to do this in practice.

Benny Kong & Tsai © 2023

Benny Kong & Tsai, Solicitors

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