"Trademark Use," as provided in Article 5 of the
Trademark Law, means the use of a trademark for
marketing purposes in any of the following manners to
enable the relevant consumers to recognize it as a
source-identifier:
- applying a trademark on goods or the packaging thereof;
- possessing, displaying, selling, exporting, or importing the
goods mentioned above;
- applying a trademark on articles relating to services provided;
and
- applying a trademark on commercial documents or advertisements
relating to goods or services provided.
Moreover, the uses identified above can be conducted by means of
digital audio/video, electronic media, the internet, or other
media.
The stipulation of the aforesaid Article 5 was recently
addressed by the Supreme Administrative Court (SAC) in a judgment
rendered on December 30, 2020. In this judgment for a trademark
opposition dispute, the SAC held that the term "for marketing
purposes" in Article 5 should be interpreted as
