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8.1.4 Whether the use of a trademark can be deemed a use in the ROC where the goods bearing it in the ROC are for exportation only and are not available in the domestic market?

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 the domestic market. For goods bearing a registered trademark in the ROC for exportation use, even if these goods are not marketed domestically, the trademark still 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, such instances shall still be deemed a use of the registered trademark in the ROC. (§5Ⅰ(2), Trademark Act)

  • Publish Date : 2008-04-23
  • Update : 2020-12-07
  • Organization : International Legal Affairs Office
  • Visitors : 476

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