Article 30 of the Trademark Act stipulates that a trademark shall not be registered if it is identical or similar to another party's famous trademark and hence there exists a likelihood of:
- confusion on the part of the relevant public; or
- dilution of the distinctiveness or reputation of the famous trademark.
The Supreme Administrative Court stated in a trademark invalidation case in 2021 that the scope of protection of famous trademarks under article 30 of the Trademark Act should vary according to their degree of fame. The Court pointed out that the first provision, regarding the likelihood of confusion on the part of the relevant public, should be interpreted to be applicable to trademarks that are famous only among the relevant consumers. The Court stated, however, that the second provision, regarding the likelihood of dilution of the distinctiveness or reputation of the famous trademark, should not be interpreted as limited to trademarks that are famous among the relevant consumers; it should also apply to trademarks that are commonly known to general consumers.
For further information on this topic please contact Ruey-Sen Tsai at Lee and Li Attorneys at Law by telephone (+886 2 2763 8000) or email ([email protected]). The Lee and Li Attorneys at Law website can be accessed at www.leeandli.com.