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Intellectual Property and Commercial Court


2015 Xing Zhi Shang Yi Zi No. 1

Decision No. 2015 Xing Zhi Shang Yi Zi No. 1
Date April 30, 2015
Decision Highlight

The reproduction of trademark “picture of the Earth covering East Asia” and “East Asia Light World,” which the attached picture No. 2 reveals, were applied to TIPO for registration by the complainant and granted the exclusive right of the trademark by TIPO. The trademark is designated on the goods of batteries and light bulbs, and is still in the period of the exclusive right of the trademark. The defendant applied for using “picture of Dong Yi and the Earth covering TY” and “7Y East Asia”, which the attached picture No.1 reveals. Compared with the complainant’s picture, the defendant’s pictures are not similar to the complainant’s ones because the defendant appended some words such as “Dong Yi”, “TY” and “7Y”. But if dissected and recombined, the defendant’s two trademarks as shown in the attached picture No.3, which is the “East Asia and picture of Earth latitude and longitude lines covering TY letters,” this disputed mark will show the similar concept because its pronunciation contains “East Asia,” the exterior contains the “picture of the Earth,” and it is without the pictures of “Dong Yi” and “7Y”. Then considering based on the rule of overall observation at different times and in different places, the defendant dissected the reproduction of a registered trademark and combined it in his commodities so that it is similar to the reproduction of the complainant’ trademark.


Similar reproduction of a trademark, Similar goods

Relevant statutes Article 95 paragraph 3 of the Trademark Act
  • Release Date:2020-11-13
  • Update:2020-12-03