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Intellectual Property and Commercial Court

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2015 Xing Shang Su Zi No. 38

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Decision No. 2015 Xing Shang Su Zi No. 38
Date August 27, 2015
Decision Highlight

The alphabets “TW” bring both recognition and impression on local relevant consumers who will directly associate “TW” with the region of Taiwan. Plaintiff’s goods or relevant services originate from Taiwan. When the trademark “TW” is designated to be used on the goods of Class 30, 32 and the services of Class 43, relevant consumers would recognize “TW” as a description of the nature of the goods or services, associating it with the region of Taiwan. The disputed trademark “TW” consists of a description of the material or place of origin of the designated goods or services. The trademark bears its own implication. If the implication is relevant to the nature of the goods or services, the public can use the trademark to describe their goods or services. If exclusive rights are granted to a specific person, competitors in business cannot use “TW” to describe the material or place of origin of their goods or services during business transactions, and that will bring about unfair competition in the market. As a result, the disputed trademark is devoid of distinctiveness and violates Article 29, Paragraph 1, Subparagraph 1 of the Trademark Act.

Keywords

Descriptive terms, Exclusive Rights, Unfair Competition

Relevant statutes Article 29, Paragraph 1, Subparagraph 1 of the Trademark Act
  • Release Date:2020-11-16
  • Update:2020-12-07
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