20 April, 2018
Strategies that companies employ to increase revenue and improve competitiveness often focus on promoting and protecting a company’s image, reputation, and branding. An obvious cornerstone of such strategies is the strategic development, management, and use of the company’s trademarks. As Taiwan companies have increased their global reach, they often place too much importance on patents while overlooking the critical role of trademarks.
Trademark Fundamentals
Most countries, such as Taiwan and China, recognize trademark rights on a “first-to-file” basis, meaning that the first party to file an application to register a mark obtains exclusive rights to use that mark in connection with the designated goods or services. Registration creates a legal presumption of ownership, allows one to record the mark with Customs to prevent importation or exportation of infringing goods, authorizes one to sue in federal court for infringement, and serves as a basis for subsequent filings in other countries.
Brand Globally, Think Locally
When selecting branding, one should consider unintended translations that may cause a mark to be deemed undesirable in different markets.
Aside from choosing good translations for trademarks, it is critical to file applications as early as possible. In many regions, companies that fail to register their marks (along with translations, transliterations, and variations) promptly risk falling victim to trademark squatters, entities that register the marks of others in bad faith and demand a ransom in exchange for the mark. Often companies that failed to file early learn that fighting squatters in court can take years, costs thousands of dollars, and result in baffling and unjust court decisions.
To read the full article, visit the Taiwan Business TOPICS website here.
For further information, please contact:
Richard L. Thurston, Of Counsel, Duane Morris
rlthurston@duanemorris.com
