Can I register my trademark if it is squatted?Jan 2019 |
| A common trademark squatting situation is the malicious squatting of trademarks which are well-known outside Taiwan but not largely used and registered in Taiwan. Squatting by brand agents or distributors is very common. |
| Your trademark being squatted does not mean that you cannot apply for a registration. Instead, after discovery of the issue, you should immediately file an application and consult a professional trademark agency to monitor the progress of the trademark registration application of the squatter. Then, you can wait for the opportunity to file a trademark opposition or cancellation procedure. |
| However, trademark opposition and cancellation are not the only choices. You can consider negotiation with the squatter to resolve the right disputes while maintaining a peaceful commercial relationship. |
| At the same time, you should also ascertain whether the two parties have any pre-existing business relationship. If there is, you should collect relevant evidence without disturbing the squatter. The evidence can include meeting minutes of negotiation between the two parties, photographs, e-mail records, cooperation contracts signed by both parties, etc. They can serve as evidence for future trademark disputes. |
| Professional agencies should be consulted as soon as the trademarks are put in use. Trademark and copyright registration should be carried out in accordance to the company’s market projection for the next three to five years to secure a comprehensive protection of your intellectual property rights. |
 COPYRIGHT BKIP 2019
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Sep 2021 Trademark Infrigement Jun 2021 Filing Basis for Trademark Application May 2021 Regarding Changes to Registered Trademark Apr 2021 Current News Reports Related to Trademarks in Taiwan
Mar 2021 Do I need a patent, trademark or copyright in Taiwan？
Feb 2021 Do you need a patent, trademark, or copyright in Taiwan? Jan 2021 Trademark Revocation
2017年08月 商標授權登記之重要性
2017年07月 商標聲明不專用
2017年06月 何謂後天識別性
2017年03月 淺談特殊商標
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2017年01月 商標使用義務－關於商標圖樣色彩及同一性
Dec 2020 Notable Trademark News Report Nov 2020 Trademarking in other countries Oct 2020 TLikelihood of confusion in Taiwan Sep 2020 Strong or Weak Trademarks in Taiwan Aug 2020 Trademark renewal in Taiwan Jul 2020 Recovering Taiwanese trademark rights Jun 2020 Preparation for trademark application paperwork in Taiwan May 2020 Filing basis-statement of use in US (NOA) Apr 2020 Taiwan Trademark assignment Mar 2020 Trademark opposition Feb 2020 Voluntary amendments of trademark applications/registrations Jan 2020 Things to note for trademark application
2019年12月 彩色商標 Nov 2019 Relationship between cross search and choice of class for products Oct 2019 Trademark infringement in Taiwan
Sep 2019 Example from Budweiser regarding the trademark application.
Jun 2019 Things to note for trademark application May 2019 Why did the Intellectual Property Office say that my trademark cannot be registered in Taiwan? Apr 2019 Why is my trademark objected by a trademark owner from a different category? Mar 2019 Copyright - your friend in trademark application Feb 2019 There are a wide variety of trade mark classes, how should I choose?
Jan 2019 Can I register my trademark if it is squatted? Dec 2018 Benefits and advantages of overseas trademark applications Nov 2018 What is trademark monitoring and why it is important Oct 2018 Relationship between the Actual Use of Trademark and Disapproval of Trademark Application in Taiwan Sep 2018 Famous trademark identification
Aug 2018 How to Deal with Trademark Disputes in Taiwan? Jul 2018 Reason for dismissal prior notice processing policy Jun 2018 Can I not register the trademark receiving a trademark opposition statement?
May 2018 What else do you need to do after trademark registration?
2018年04月 何謂後天識別性
2018年03月 商標聲明不專用 2018年02月 商標授權登記之重要性
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tm@bkip.com.hk
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