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Intellectual Property and Commercial Court


2012 Xing Shang Su Zi No. 28

Decision No. 2012 Xing Shang Su Zi No. 28
Date June 21, 2012
Decision Highlight

While considering whether there is any likelihood of confusion between a trademark at issue and a trademark used or registered in multi-class goods or services by a senior trademark owner for the purpose of multi-field business operation, said condition of multi-field business operation should be taken into consideration rather than comparing merely each class of goods or services, respectively. However, if the senior trademark owner merely operating its business upon specific goods or services without entering other business, the scope of protection for said trademark can be further limited. The interested third party has registered and used the cited trademark for years while operating several businesses, and owns more than 70 directly managed boutique stores, franchise shops and specialty counters in department stores so far. Therefore, the cited trademark is capable of providing relevant consumers with deeper impression and should be deemed having considerable distinctiveness. On the other hand, the trademark at issue currently has been merely registered in our country, with its scope of trademark right being limited within Taiwan while operating its business in clothing and accessories, such as neckties, hats, gloves, socks and panty hoses. As a result, the Plaintiff has been operating its business only in specific goods for a long time without entering other business, the scope of protection thereof can thus be further limited while compared with the scope for the cited trademark.

Relevant statutes Article 23, Paragraph 1, Subparagraph 13 of the Trademark Act amended and promulgated on May 28, 2003
  • Release Date:2020-11-16
  • Update:2020-12-07