Sponsorship may lead to trademarks becoming associated with unrelated industries.
According to the Trademark Act, a mark that is identical, or similar, to a well-known trademark can be precluded from registration if there is a likelihood of confusion, or if there is a likelihood of dilution of the distinctiveness or reputation of the well-known trademark.
In practice, the Taiwan Intellectual Property Office (TIPO) has a very strict standard for affirming trademark dilution when there is an attempt to exclude others from use, or registration, of a mark associated with a good or service that is dissimilar to a good or service related to a well-known mark.
Therefore, whether there is a likelihood of confusion becomes a core issue under consideration by an examiner when the holder of a well-known trademark exercises his or her exclusive right against identical or similar marks in an unrelated business field.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email James Lynn on email@example.com.
TIPO, Formula 1, automotive, Taiwan Trademark Act, well-known marks, Red Bull