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Intellectual Property and Commercial Court


2012 Xing Shang Su Zi No. 14

Decision No. 2012 Xing Shang Su Zi No. 14
Date June 21, 2012
Decision Highlight

Both subjective origin of creativity and philosophy of design for a trademark will not affect relevant consumer’s objective judgment based upon elements including appearance, concept or pronunciation of the trademark because they are not portions that constitute the pattern or symbol of the trademark. That is, the relevant consumer apparently cannot figure out what is the original idea for designing the trademark from the pattern of the trademark while purchasing goods or services. Moreover, whether two trademarks are similar is to be judged by the pattern objectively provided by the trademark to the consumer, rather than the subjective psychological factor of the trademark designer.

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