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Intellectual Property and Commercial Court


2014 Xing Shang Su Zi No. 123

Decision No. 2014 Xing Shang Su Zi No. 123
Date January 28, 2015
Decision Highlight

The purpose and function of a company name is to identify and distinguish an individual corporate body from another, ensuring that legal rights and duties are attributed to the correct actor. The agency reviews company names according to article 18 of the Company Act: “No company may use a corporate name which is identical with that of another company. Where the corporate names of two companies contain any marks or identifying words respectively that may distinguish the different categories of business of the two companies, such corporate names shall not be considered identical with each other.”

However, the main function of trademark is to identify and distinguish the source of the goods or services of one party from another source. The main issue of this case is to determine whether article 30, paragraph 1, subparagraph 10 of the Trademark Act should be applied to the disputed trademark. This issue shall not be confused with matter mentioned above.


Trademark opposition

Relevant statutes Article 30, Paragraph 1, Subparagraph 10 of the Trademark Act (amended on June 29, 2011 and promulgated on July 1, 2012)
  • Release Date:2020-11-16
  • Update:2020-12-07