The Supreme Administrative Court (SAC) has held that the term ‘for marketing purposes’ sh...

Non-profit trademark use upheld by Taiwan Supreme Court – Lexology

The Supreme Administrative Court (SAC) has held that the term ‘for marketing purposes’ should be interpreted as having the same meaning as ‘in the course of trade’ provided in Article 16.1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). Therefore, the SAC ruled that trademark use is not to be achieved through activities of a ‘paid or for-profit’ nature. In Taiwan, “trademark use”, as provided in Article 5 of the Trademark Law, is the use of a trademark for marketing purposes in any of the following ways so as to enable the relevant consumers to recognise it …

 

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