ALIPO IP ATTORNEYS

If the products with registered trademarks are only exported to foreign countries and do not marketed in Taiwan. Can it be determined that registered trademarks are used in Taiwan?

The use of a trademark includes the use of a trademark for importation or exportation use, and is not confined to the marketing of the trademark in domestic market. For goods bearing a registered trademark in the ROC for exportation use, even if these goods are not marketed domestically, as the trademark aims to identify these goods as coming from a manufacturer that is entitled to protection under the Trademark Act of this country, although these goods are to be exported from the territory of the ROC, it shall still be deemed a use of the registered trademark. (§5Ⅰ(2), Trademark Act)

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