Taiwan – The Supreme Administrative Court Held That The Registration Of The Mark Should Be Revoked Since It Was Similar To Four Prior Trademarks Registered By PIP CO., LTD.

18 January, 2018

 

The Supreme Administrative Court held that the pronunciation of the Japanese “ ” (Yi-Li-Pan) contained in the opposed mark “” was similar to the main element “” (Yi-Li-Ki-Pan) of the cited mark #1 “”; that the pronunciation of “易利絆” (Yi-Li-Ban) of the opposed mark was identical to the cited mark #2 “益立絆” (Yi-Li-Ban); that the pronunciation and appearance of the first two Chinese characters of the opposed mark, “易利” (Yi-Li), were also identical to the first two characters of the cited mark #3 “易利氣” (Yi-Li-Chi); that the pronunciation of the opposed mark was almost the same as the cited mark #4 “ELEKIBAN” despite the difference in appearance; that both parties designated their respective marks for “moleskin for medical purposes”, and, that the cited marks had already been known to the relevant consumers before the registration date of the opposed mark.  

 

The Court denied the appeal and affirmed the IP Court’s judgment which sustained the TIPO’s decision to revoke the registration of the opposed mark.  

 

 

For further information, please contact:  

 

Joyce I. Ho, Partner, Tsar & Tsai Law Firm

joyeho@tsartsai.com.tw