5 May, 2018
The IP Court held that the registration of the opposed mark “多納滋” should be revoked since it is highly similar to the cited well-known mark “多那之” and the goods or services designated by the marks in dispute are highly related, and hence is likely to cause confusion to the relevant consumers
The IP Court held in its Judgement 106-Hsin-Shan-Su-Tze No. 52 that the opposed mark “多納滋(pronounced Duo-Na-Tzu)” filed by ProGrand Development Enterprise Co., Ltd. is highly similar to Donutes Corporation’s cited well-known mark “多那之(pronounced Duo-Na- Chih)”, comparing the goods “animal foodstuffs,…, pet food, beverages for pets” designated by the opposed mark in Class 31 to the goods “coffee, cakes, bread, etc.” and the service “coffee shop” designated by the cited mark in Classes 30 & 43, although the aforesaid goods/services are provided for pets and human, separately, however, considering that the consumers, functions, materials, manufacturers, and channels of trade of the aforesaid goods/services are common or highly related, the relevant consumers may be confused and are likely to misidentify the goods/ services offered under the trademarks in dispute come from the same or related sources.
Hence, the registration of the opposed mark “多納滋” shall be revoked in accordance with the former part of Article 30-I-(11) of the Trademark Act. (Kevin Wei, Trademark Department)
For further information, please contact:
Kevin Wei, , Tsar & Tsai Law Firm
law@TsarTsai.com.tw
