According to the Trademark Act, any use of the trademark for the same or similar goods or services dated prior to the filing date of the registered trademark might be cited as defense of prior use in good faith and will not be subject to civil and criminal liabilities due to infringement upon the registered trademark. Nonetheless, it is questionable that whether the use in foreign countries or areas outside of Taiwan may also cited as defense of prior use.

The Intellectual Property Court held in 2015 in the appeal case for trademark infringement that the defense of prior use in good faith should limit the use exclusively in Taiwan only, not including any other use outside of Taiwan. The IP Court pointed out that the Trademark Act may only have jurisdiction over the areas of Taiwan; accordingly, any exception to the Trademark rights, which will not deemed trademark infringement, should also limited the use in Taiwan.