| Summary: | 碩士 === 東吳大學 === 法律學系 === 103 === With the prosperity and the success of industries and commerce、the fast changing information、the development of transportation and the internet, which are accelerating the phenomenon of globalization. A wide range of goods and services have been launched in the market constantly, however, is likely to cause confusion with the relevant customers while a trademark cannot provide enough distinctiveness and recognition to distinguish its goods and services from competitors. Thus, it has become crucial to intensify the source identification for the sake of the decline of likelihood of confusion, the protection in consumers' lawful interests, and the maintenance of adequate competitions in the marketplace. Nowadays more and more countries have facilitated to formulate the Trademark Act to safeguard trademark rights as well.
Trademark rights are classified as Intellectual property rights. As the source identification to those goods or services and to differentiate from rivals’, a trademark shall be sufficient to support distinctiveness for the relevant purchasing public to recognize it. Due to the growing trend of the awareness of Intellectual property rights, there have been several amendments to this Act in Taiwan. To determine likelihood of confusion relies on numerous relevant factors, which include strength of distinctiveness、using a trademark that is identical or similar to a registered trademark, or using on identical or similar goods or services, etc. Furthermore, the distinctive characters of trademark are prescribed under trademark law in different countries¸ aim to avoid likelihood of confusion and infringements on the copyrights, patent rights or other rights of another person.
The research emphasizes on the effect of distinctiveness on likelihood of confusion in trademark law by the discussion among three essential factors-strength of distinctiveness、similar trademarks and similar goods or services. It also provides the comparison of court decisions with relating cases in different countries. Eventually, the study comes up with certain suggestions about future administrative examination and the legislative amendment to Trademark Act in Taiwan.
Keywords: Trademark、Trademark Act、Trademark Rights、Likelihood of confusion、Distinctiveness、Strength of Distinctiveness Similar trademark、Similar goods or services
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