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Intellectual Property and Commercial Court

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2011 Xing Shang Su Zi No. 164

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Decision No. 2011 Xing Shang Su Zi No. 164
Date April 30, 2012
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A so-called “specific part of the entity name” is a name adopted by a legal entity, a business or an institute of a different form while being founded, in order to distinguish itself from other legal entities, business or institutes of a different form, and to manifest its status as a distinctive subject. Among the full entity name of a legal entity, a business or an institute of a different form, words that identify the type of its business or the form of its organization are not considered as a specific part of the entity name to manifest its distinctiveness while distinguishing itself from others, however, words other than identifying the type of its business or the form of its organization are not considered as a specific part of the entity name if they are unable to manifest its distinctiveness while distinguishing itself from others; accordingly, the entity name shall be inspect as a whole, so as to examine and locate the words that are utilized by the legal entity, business or institute of a different form to manifest its status as a distinctive subject to the outside world, and to distinguish itself by the relevant industries or consumers from other legal entities, business or institutes of a different form, to be its specific part of the entity name. As a result, if we simply treat words other than the words identifying the type of its business or the form of its organization among the full entity name as the specific part of the entity name, such treatment is deemed not complying with the purpose of preventing from unfair competition, refraining from confusion and protecting the right of the corporate name of others from being infringed as stipulated in the aforementioned Article.

Relevant statutes Article 23, Paragraph 1, Sub-Paragraph 16 of the Former Trademark Act (Article 30, Paragraph 1, Sub-Paragraph 14 of the Current Trademark Act)
  • Release Date:2020-11-16
  • Update:2020-12-07
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