TIPS^®  Taiwan Intellectual Property Special

Moreover, Article 5 of the Criteria provides that, to identify a mark as famous, the following conditions shall be reviewed on a case by case basis:

The degree of the relevant enterprises’ and consumers’ awareness/recognition of such mark.

The period of time, scope and territory where such mark has been used and distributed.

The period of time, scope and territory where such mark has been promoted, including the advertisement and propaganda of such mark and the display of such mark in exhibitions.

The period of time, scope and territory where such mark has been registered with relevant authority, which must, however, reflect the use of such mark and the degree of other people’s awareness of such mark.

The record of the successful enforcement of such mark, especially in the case that such mark has been identified as famous by the administrative or judicial authority.
The value of such mark.

Other factors which are sufficient to identify such mark as famous.

Most importantly, the Criteria indicates that a famous mark does not require the registration of such mark in Taiwan and neither require the use made by the trademark owner (rather, the subsidiary’s or a third party’s use of such mark also counts).