TIPS^®  Taiwan Intellectual Property Special

3D Trademark of Taipei 101

In addition to being the currently highest building in the world, the unique design of Taipei 101 is also an important feature that draws the world’s attention. The shape of Taipei 101 has been registered with TIPOas a three dimensional trademark in various classes of products, such as clothing, accessories, home decoration, stationary, drinks, alcohol, cosmetics products, toys, and a wide range of service, such as retailer, real estate sales or rental, building construction, advertising, traveling, entertaining, only to name a few.

The wide range of registration caused uncertainty in the mind of the general public as to where there is still “fair use” for including the building Taipei 101 in photos, advertisement or postcards. The TIPO tried to clarify the legal issues for such acts.


Since Taipei 101 is a building that the general public is fully aware of, it was not required that the evidence of “use” be presented for the registration. However, if the trademark is not actually used in either of such a broad range of products and/or services for a period of consecutive 3 years, the registration in such goods will be subject to cancellation.

As long as the registration is not canceled, selling 3D toy of the shape of Taipei 101 without consent of the trademark owner, if it is likely to cause confusion to the origin of the products, such sale may infringe the trademark right. For using Taipei 101 is the real estate advertisement, if the building is used for trademark purpose, and misleads the general public to believe that the trademark owner of Taipei 101 is the seller of the real estate, such use is trademark infringement. However, if the building is only used as a background of the advertisement to demonstrate the nearby surrounding of the real estate to be sold, it may fall into the fair use under the Trademark Law.