Well-Known Trademark Protection Against Trademark Squatting under the Taiwan Trademark Act

• Main Authors: Ke-Wei Wu, 吳可為
• Other Authors: Ping-Hsun Chen
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/v5tn9f

碩士 === 國立臺北科技大學 === 智慧財產權研究所 === 102 === Along with the progress of business globalization, the trademark owners have to expand their trademark right globally. The well-known trademark, unlike the general trademark, could obtain the trademark right without registration owing to the less strict territoriality principle. However the well-known degree will influence its protection scope. Therefore, if the well-known trademark doesn''t permit registration in Taiwan, it still probably faces the risk of trademark squatting. In Taiwan Trademark Act, the territoriality principle is still the center of the Act, that is, the first to file the trademark application is the one to obtain the trademark right. If Taiwanese operator take someone else''s well-known trademarks to register, sit back and enjoy the results of others, it is detrimental to our international image and is not conducive to the overall development of the market. Besides, owing to the uncertainty of well-known degree of the well-known trademark, the well-known trademark shall be judged by case. Even though we have remedies after the event , including trademark oppositions and trademark invalidation, for trademark squatting. However, it is quite hard for the real well-known trademark owner to retrieve the trademark right through remedies. This thesis will discuss the problems that the foreign well-known trademark might encounter by analyzing several foreign well-known trademark squatting cases in Taiwan. Also, propose some modification suggestions for the well-known trademark issue of Trademark Act.