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  • Interpretation
  • No.104
  • Date
  • 1964/03/11
  • Issue
    • What does "well-known" in Article 2, Subparagraph 8, of the Trademark ACt mean??
  • Holding
    •        "Well-known" in Article 2, Subparagraph 8, of the Trademark Act means “commonly known to the general public within the territory of the Republic of China”.
  • Reasoning
    •        The Trademark Act was promulgated by the Legislative Yuan, and is applicable to the entire nation. A properly registered trademark is valid within the territory of the entire nation. This interpretation is evident by the fact that "within the territory of the Republic of China" provision is included in all paragraphs of Article 3 of the Trademark Act. Therefore, "well-known" in Article 2, Subparagraph 8, of the Trademark Act means “commonly known to the general public within the territory of the Republic of China”. The second part of J. Y. Interpretation Yuan-tze No. 1008 was decided prior to the amendment to Article 2, Subparagraph 6, of the Trademark Act, and should therefore be revised and clarified accordingly.  
      
    • *Translated by Li-Chih Lin, Esq., J.D.
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