The same subject matters should be treated in the same way. Without a legitimate cause, unfair treatment cannot be implemented. Therefore, without a legitimate cause, when making an administrative action, an administrative agency cannot implement unfair treatment, which is called administrative self-restraint. That is, after making a trademark-related administrative decision, the Intellectual Property Office of the Ministry of Economic Affairs, as well as opposing parties, should be bound by that administrative decision. If there is no legitimate cause, substantial fairness for people in terms of their legal status should definitely be protected. It is found that Trademark Registration No. 871008, “gong yuan hao,” has co-existed with the opposing trademark in the market for many years and has the same or similar picture or designated product as that of the disputed trademark application for registration. Thus, when examining the disputed trademark application for registration, the Intellectual Property Office of the Ministry of Economic Affairs should make a sound, the same decision based on the nature of the case, which then does not violate the principle of equality. That is, since Trademark Registration No. 871008, “gong yuan hao,” has been approved previously by the Intellectual Property Office of the Ministry of Economic Affairs, without a legitimate cause, unfair treatment cannot be implemented in the disputed trademark application for registration which is in the same situation.

Trademark registration, principle of administrative self-restraint, equality principle, unfair treatment, legitimate cause