A judgment recently rendered by Taiwan's Supreme
Administrative Court (SAC) held that, in the context of non-use
cancellation actions, the registrant's trademark use cannot be
proved with evidence of use on goods/services "of the same
nature." Angelina Corp. v. Seven Friends Corp., 108
Pan 133, SAC (March 2019).
A non-use cancellation action can be filed by any person against
a trademark registration "where the trademark has not yet been
put to use or such use has been suspended for a continuous period
of not less than three years without proper reasons for non-use,
unless the trademark has been put to use by a licensee."
Article 63.1.2 of Taiwan's Trademark Law. A registrant bears
the burden of proving its registered trademark in dispute has been
genuinely used on each of the challenged designated
goods/services within three years from the date the cancellation
action is filed. For items of goods/services not supported by use
evidence, the relevant part of
