Taiwan Trademarks Firm of the Year
With headquarters in Taipei and branch offices in Hsinchu, Taichung and southern Taiwan,
Lee and Li is a key player in Taiwan. The firm has formed an alliance with Leaven IPR Agency in Beijing to develop the mainland China market. The firm handles new trademark applications for registration, renewal application, change of applicant’s/ registrant’s name or other application/registration particulars, assignment recordation, license or sublicense recordation, etc. In a trademark opposition administrative litigation,
Apple, Inc. v. Ora, Inc., which involved Apple’s logo and Ora’s fruit device, the firm represented Apple Ora filed a trademark application for its fruit device in Taiwan, which was granted registration. Ora also filed the same trademark logo for trademark registration in other countries, including in the United States. As Apple considers the fruit device to be confusingly similar to Apple’s own apple device, Apple then filed an opposition against the fruit device trademark with Taiwan’s IP office. The IPO took the view that Ora’ fruit device is an orange, which was not similar to the apple device trademark, and then rejected Apple’s opposition. Apple then filed an administrative appeal with the Ministry of Economic Affairs (MOEA) but failed. The firm then represented Apple further, filing an administrative litigation with the Intellectual Property Court, which not only cancelled the decisions of the IPO and the MOEA, but also ordered the IPO to cancel Ora’s fruit device registration, held in its decision that Apple’s apple device should be deemed famous trademark in Taiwan. Apple may now be able to cite the IP Court’s opinion to have more protection against other trademark use in different fields under the Fair Trade Act.