November 27, 2025 ©️ Copyright – Goldkeen International Property Office

A recent incident sparked public debate when beverage chain Dayungs marketed its drinks using the label “Formosan Wildcat Orange” and applied for trademark registration of the phrase. However, the partnering farm later revealed that Dayungs had only filmed at the location and did not purchase the fruit. Following public backlash, the company revised its marketing materials and withdrew the trademark application.

While this situation involves questions of public trust and marketing ethics, it also illustrates core legal principles of trademark registration and brand governance.


I. Brand Story ≠ Trademark Rights

Brand storytelling can appeal to emotions, but trademark approval depends on legal standards.

1. Distinctiveness

If the brand name describes product features, origin, or values (e.g., “Eco-Friendly Formosan Orange”), it may be deemed descriptive and lacking in distinctiveness. TIPO’s Trademark Distinctiveness Examination Guidelines emphasize stricter review of descriptive and geographic elements.

2. Misleading or False Indications

Under Article 30 of the Taiwan Trademark Act, trademarks that mislead the public regarding nature, quality, or origin cannot be registered.

3. Publication & Opposition

Even after passing preliminary examination, trademarks are subject to a 3-month public opposition period. Anyone may challenge the application based on legal grounds.

4. Rights Must Be Lawfully Used

Trademark registration doesn’t grant free reign. If not used on the registered goods/services for over 3 years, anyone can apply for cancellation. Unauthorized changes post-registration may also lead to cancellation under Article 63.


II. Why the Backlash?

1. Turning Marketing Language into Product Claims

Using terms like “friendly” or “public interest” as trademarked brand names, without supply chain documentation, raises doubts and risks violating Article 30.

2. Geographic & Ingredient-Based Terms

Terms like “Orange,” “Formosan,” and “Eco” may be descriptive or generic, making them hard to protect or vulnerable to future oppositions.

3. Public Symbols Require Higher Accountability

Using conservation icons like “Formosan Wildcat” triggers higher social scrutiny. Without contracts, invoices, or supply proof, the risk of reputational harm increases.


III. Goldkeen’s Advice for Brand Owners

1. Naming & Clearance

  • Always conduct a pre-filing trademark search (covering names, logos, similar marks).

  • Avoid highly descriptive terms (location, species, material). Use creative elements to improve distinctiveness and legal protection.

Goldkeen offers trademark clearance & registrability assessments to maximize approval and coverage.

2. Evidence of Origin

  • Maintain a “triple set” of proof: contracts, purchase & invoicing records, and delivery/inspection logs.

  • Capture on-site documentation (photos/videos) with timestamps and traceability features if needed.

3. Marketing Claims

  • Avoid absolute or unverifiable claims like “100% sourced from…” unless verifiable.

  • Let legal or compliance teams review content, especially for location, ingredient, or charity partnerships.

4. Filing & Maintenance

  • Work with professional agents to assess registrability. Consider filing word + image combinations, and use disclaimers where needed to reduce Article 30 risk.

  • Once registered, use the trademark consistently on approved goods/services to avoid cancellation.


IV. FAQ

Q1: Can I register a hot keyword like “Formosan + Fruit Name” as a trademark?

A: If the name may mislead or lacks distinctiveness, the risk of rejection or future opposition is high.

Q2: If no one opposes during the publication period, am I safe?

A: Not necessarily. The trademark may still face invalidation or legal disputes later. Trademark management is ongoing.

Q3: If I withdraw the application or adjust the copy, is the damage done?

A: Withdrawal can stop further harm, but restoring trust takes time and transparency. Consider publishing supply chain disclosures and third-party verifications.

Q4: I have ethical sourcing and verification. Can I trademark the mission?

A: Still risky. Use your unique brand name as the trademark and consider certification marks for ethical claims.

Legal References

  • Taiwan Trademark Act, Article 30 – Refusing registration for misleading or non-distinctive marks.

  • TIPO Distinctiveness Guidelines (effective 2022/09/01) – Stronger standards for descriptive/geographic terms.

  • TIPO Rules on Non-Use & Legitimate Trademark Use – Defines abandonment risks and proper use.

  • TIPO Certification Marks Portal – Explains certification mark scope and application.

  • News Source: “Formosan Wildcat Orange” controversy, withdrawal by Dayungs. (CNA)

📌 This article offers trademark protection insights only. Determination of infringement or marketing fairness must be based on evidence and individual case review.

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