Taiwan: Protection of trade dress

However, trade dress can be protected as a 3D trademark only when it has acquired secondary meaning among relevant consumers after long-term commercial use. Patentability of a design essentially requires creativeness and novelty, which take time to be examined. In other words, expecting immediate trademark or design patent protection for a newly released product that gains rapid popularity is usually unrealistic.

To close the loophole, articles 22 and 25 of the Fair Trade Act serve as legal instruments for trade dress owners to safeguard their IP.