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Intellectual Property and Commercial Court

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2010 Xing Shang Su Zi No. 145

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Decision No. 2010 Xing Shang Su Zi No. 145
Date January 27, 2011
Decision Highlight

Again, depending on the degree of famousness and diversity of business of a famous trademark, the protection scope of the famous trademark should be different. If such a famous trademark has been used only for specific goods or services for a long time and only known for its famousness in specific markets or to specific customers, that is, it is only known to the relevant consumers. Therefore, the protection scope is limited to such the specific goods or services. Otherwise, if the diversity of business of a trademark right holder associated with her famous trademark reaches a higher degree, or if the trademark has been widely known to the general public, then the protection scope is not limited to the same or similar goods or services. That is, the protection scope can cross into the goods or services of less relevance.

Keywords

famous trademark

Relevant statutes Article 23, Paragraph 1, Subparagraphs 12, 13 and 14 of the Trademark Act

 

  • Release Date:2020-11-13
  • Update:2020-12-07
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