2014 Xing Shang Su Zi No. 94
|Decision No.||2014 Xing Shang Su Zi No. 94|
|Date||December 31, 2014|
The plaintiff alleged that when he submitted the application for the trademark registration, he had disclaimed the exclusive use of the words“台東初鹿鮮乳MILK TAITUNG CHULU FRESH MILK.” Therefore, the defendant’s claim that the registration of aforementioned words should be invalidated because it had violated Article 63 paragraph 1 subparagraph 5 (of the Trademark Act amended in 2011) is self-contradictory.
However, Article 29 Paragraph 3 of the Trademark Act stipulates that where a trademark contains an element which is not distinctive, and where the inclusion of that element in the trademark could give rise to doubts as to the scope of the trademark rights, the applicant shall disclaim any exclusive right to such an element.
The legislative purpose of the disclaimer is to prevent the applicants from abusing the right after acquiring registration and confusing third parties. Accordingly, whereas the trademark consists of a part which is disclaimed, the proprietor of the registered trademark has still acquired the right of the entire trademark instead of a certain part of the trademark. The determination upon whether such a trademark is likely to mislead the public as to the nature, quality, or place of origin of the goods or services when the trademark is actually used shall be based on the trademark as a whole.
Trademark exclusive right, Disclaimer
|Relevant statutes||Article 29 Paragraph 3 and Article 63 Paragraph 1 Subparagraph 5 of the Trademark Act amended on June 29, 2011, and promulgated on July 1, 2013.|
- Release Date:2020-11-16