Japan-based UCC filed a complaint against Scholar Films Group City over trademark imitation dispute; the administrative judgment requires IPO’s re-examination

UCC Ueshima Coffee Co., Ltd., believing that the trademark of UCC Universal Cinema City of Scholar Films Group is similar to that of its own, lodged an administrative complaint against it.  According to the judgment rendered by Administrative High Court, Taipei Branch under (90) No. 1070, the most eye-catching of the said trademark is the English abbreviation “UCC” in the middle, and a consumer is likely to mistake it for “UCC” cinema city.  Therefore, one cannot entirely exempt the trademark at issue from the suspicion of imitation of Ueshima Coffee Co., Ltd.’s trademark.  As a result, the court requested the MOEA to re-examine the trademark of UCC Universal Cinema City of Scholar Films Group. 

UCC Ueshima Coffee Co., Ltd. expressed that according to the Trademark Law, one cannot apply for registration for a trademark identical with or similar to other’s trademark on the same or similar product.  In this regard, the MOEA pointed out that the trademark at issue is composed of both Chinese and English names of UCC Cinema City together with a complex design, which differs from the simple design of UCC Ueshima Coffee Co. Ltd.’s trademark.  Because of the differences in the complexity and composition, the MOEA considers there is little likelihood that the consumers may mistake one for another.