2012 Xing Shang Su Zi No. 24
|Decision No.||2012 Xing Shang Su Zi No. 24|
|Date||October 11, 2012|
Where an invalidation against a registered trademark is sustained, such registration shall be cancelled; however, if the circumstance on which the trademark is not registrable no longer exists, a disposition to overrule such invalidation may be rendered upon considering the need for proportionality between the interests of the public and the interests of the concerned parties ( in accordance with the provision stipulated in Article 54 of the Trademark Act Amended and Promulgated on August 25, 2010 that was applied while rendering the original administrative disposition). Therefore, if the trademark at issue was found to have grounds for cancelling its registration upon its allowance for registration on October 22nd, 2007, but during the examination of invalidation procedure, the circumstance on which the registration shall be cancelled no longer exists, the proviso is then exceptionally applied to consider the need for proportionality between the interests of the public and the interests of the concerned parties, and a disposition to overrule such invalidation may be rendered thereupon under discretion. This is because the time span allowed for commencing an invalidation is very long and different from the opposition procedure which can only be commenced within three months from the registration date, it is thus that the reputation established through a continuous use of a trademark for years after its registration shall be considered and concerned in light of the doctrine of "change of circumstance" as well as the principle of “legitimate expectation” upon the jura quaestia of the interested party, so as to provide a ground for the Competent Authority of Trademark Matters to consider all the factual change occurred since the allowance for registration until the invalidation decision with respect to the trademark at issue during the examination of the invalidation procedure.
|Relevant statutes||Article 54 of the Trademark Act Amended and Promulgated on August 25, 2010|
- Release Date:2020-11-16