Ruey-Sen Tsai

Dec 10, 2023 | lexology.com | Ruey-Sen Tsai

IntroductionLimitationsIntroductionA "trademark coexistence agreement" refers to the permission for different entities or individuals to use the same or similar trademarks on the same or similar goods or services. However, this does not mean that a trademark coexistence agreement is a panacea that can solve all trademark conflict issues.

Oct 29, 2023 | lexology.com | Ruey-Sen Tsai

Background Background The three most commonly cited provisions in article 30(1) of the Trademark Act of Taiwan that prohibit the registration of trademarks are: prior registration or application – a trademark that is identical or similar to another person's registered trademark or earlier-filed trademark for the same or similar goods or services, and is likely to cause confusion among relevant consumers; famous trademark – a trademark that is identical or similar to another well-known...

Sep 24, 2023 | lexology.com | Ruey-Sen Tsai

FactsDecisionWhether using a Taiwan-registered trademark in China without the consent of the Taiwanese trademark registrant violates the Trademark Act of Taiwan is a very controversial issue in practice. FactsThe Intellectual Property and Commercial Court recently tackled a specific case of selling trademarked goods on online platforms such as Alibaba and Taobao in China and ruled in 2023 that this did not violate the Trademark Act of Taiwan.

Jul 9, 2023 | lexology.com | Ruey-Sen Tsai

Lee and Li Attorneys at Law|Intellectual Property - TaiwanOn 3 May 2023, the 1647th committee meeting of the Fair Trade Commission (FTC) decided that, after a patent right has been revoked and, consequently, there is no patent, any advertisement still alleging such a patent constitutes false representation in violation of the Fair Trade Act.

May 31, 2023 | lexology.com | Ruey-Sen Tsai

Article 98 of the Patent Act stipulates marking of patent certificate number: The patent certificate number shall be marked on the patented article. If such marking cannot be fixed on the patented article, the patentee may make such marking on the labels or packaging, or make such marking in a distinct way sufficient to draw people’s attention.