Defi nitions of "trademark use" in Article 5 of Taiwan's Trademark Act (hereafter "this article") included objectively affirmative use of a trademark in order to help relevant customers to know them and most importantly, to have a "marketing purposes." For example, the 2010 Case of Min Shang Su Zi No. 2 of the Taiwan Intellectual Property Court. (hereafter the IP court) The IP court's decision stated that the subjective requirement of "marketing purpose" in this article does not include the concept of "distribution." Thus, "distribution" is not the use of a trademark and does not constitute trademark infringement if counterfeit trademark gifts are distributed without payment in consideration. However, the IP court’s holding makes defi nitions of "trademark use" so narrow that the true legal trademark owner and their manufacturer's right are not fully protected. No matter what counterfeit the trademarks on gifts items are the same as the true legal trademark actual selling items or not, this article should be amended to add the phrase "in the course of trade," which would make it similar to Article 16, Section 1 of the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) in order to include gift distribution within the scope of trademark use. In order to prevent the scope of trademark use over broad, courts have to examine each and every practical situations to judge the use of trademark If the phrase "in the course of trade" is added to this article in the future.