According to the Copyright Act, unauthorized reproduction of a copyrightable design on the goods to be circulated in the markets will constitute copyright infringement. However, it is uncertain whether unauthorized use of a copyrightable design as a trademark logo for trademark application will also constitute copyright infringement while no good bearing such a design has been launched into markets.
The Intellectual Property Court holds in a civil suit for damage claims that the reproduction of a copyrightable work is the copyright holder's exclusive rights according to the Copyright Act. Unauthorized reproduction of a copyrightable design on the application documents for a trademark registration, which are filed with the Intellectual Property Office (IPO, the Trademark and Patent Office in Taiwan), will infringe upon the copyright holder's rights for reproduction and should have violated the Copyright Act.
The IP Court has given broader protection for the copyright holder and may effectively deter some malicious the trademark application.