By its appellate ruling bearing Ref. No. 10306108470, MOEA affirmed TIPO’s decision, which rejected the application for registration of the trademark "Click here to view the image" (HelloDeere & Squirrel Design)” (hereinafter “the rejected mark”) on the goods “mobile phones; cases for mobile phones; mobile phone straps, etc.” by citing the mark“ Click here to view the image. (HelloDeere & Squirrel Design)” (hereinafter “the cited mark”), which has been prior used by Hong Kong Der International Co. Limited on “mobile phone case” products.  MOEA indicated that although Taiwan Trademark Act (“TTA”) adopts the “first to register” principle, Article 30-I-(12) of the TTA specifically provides that “a mark shall not be registered if it is identical with or similar to a trademark which has been prior used by another person on identical or similar goods, and the applicant thereof has been aware of the existence of the prior-used trademark and filed for the trademark with an intention to plagiarize the prior-used trademark” to protect a prior-used mark which has not yet been registered in Taiwan.  The words and design elements of the rejected mark are not different from those of the cited mark.  Based on the materials collected by TIPO from the Internet, the cited mark has been continually used on “mobile phone case” products since 2012 and prior to the filing date (August 6, 2013) of the rejected mark.  Obviously, the applicant applied for the identical rejected mark for registration on the same/similar goods in bad faith with an intention to plagiarize the cited prior-used mark after becoming aware of the cited mark.  Hence, the rejected mark should not be allowed to register pursuant to Article 30-I-(12) of the TTA.