In a matter concerning the non-use cancellation petition against the trademark "VALENTINO" in Class 3, the IP Court held in its judgement Ref. No. 103-Xing-Shang-Su-Zi-No.140 that, according to Article 5 of the Trademark Act ("TA"), use of a mark on goods or packaging/containers thereof for marketing purposes, where such a mark is capable of being recognized by the relevant consumers as a trademark, constitutes "use of a trademark". The trademark owner provided perfumes bearing the mark "VALENTINO" as gifts to consumers when their spending reached a certain amount during department stores' marketing events. Such use is sufficient to enable the relevant consumers to recognize the contested trademark "VALENTINO". Further, through the provision of the perfume goods bearing the "VALENTINO" mark as gifts during the marketing events in the course of trade, the trademark owner conveyed the commercial message that the goods were circulated in the marketplace, thereby allowing the mark to function as an identifier of the source. Such use should satisfy the requirement of Article 5 of the TA as "use of a trademark".