Summary of the article:

Hashtag – a word, phrase, or sentence prefaced by the hash symbol ‘#’ – is a metadata tag that helps users search for and click on content of a common topic online. While ‘hashtag trademarks’ consisting of the hash symbol ‘#’ and one or more words are accepted by most trade mark offices, whether using other parties’ registered trademarks as hashtags constitutes trademark use and thus infringement has become a new concern. In this article, George introduces three recent decisions made by the Taiwan Intellectual Property Court and Japan Osaka District Court, summarizes the key factors for determining infringement in each case, and offers strategies for applicants looking to secure their trademarks. The full article can be read here.