A "disclaimer" is a statement to the effect that a trademark applicant or registrant does not claim the exclusive right to use a specified element or elements of their trademark. A disclaimer may be included in an application as filed or added via an amendment in order to comply with a requirement issued by the Taiwan Intellectual Property Office.
In a civil trademark infringement case in 2021, the Supreme Court held that a disclaimer regarding a component of a composite mark amounts merely to a statement that, insofar as that particular registration is concerned, no rights are being asserted in the disclaimed component alone, but rights are asserted in the composite. The disclaimed component should still be taken into consideration when determining whether a disputed trademark is confusingly similar to an existing trademark.
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.