Similar Trademarks Can Coexist with Consent.

In the past, a trademark application shall be rejected if the proposed trademark is similar to an earlier registered trademark and is designated for use on similar goods. After the Trademark Law had been amended and enforced on November 28, 2004, a trademark application for such similar trademark shall be accepted as long as with the consent from the owner of the said earlier registered trademark. This changes the regulation in the past decades that identical or similar trademarks shall not coexist.

 

According to the amended Trademark Law, “A trademark application shall be rejected if the proposed trademark is the one that is identical or similar to a registered trademark or a proposed trademark of a preceding application that is designated for use on identical or similar goods or services thereof and hence likely to cause confusion to relevant consumers. However, except in the case where such trademarks and their designated use on goods or services of both parties are identical, the aforementioned shall not apply to an application filed with consent from the owner of the said registered trademark or a proposed trademark.” In this regard, both similar and identical trademarks can be registered and thus coexist provided that such trademarks and their designated use on goods or service of both parties are not identical.

 

Trademark application for the following 3 conditions shall be accepted with a consent letter: 1. identical trademarks on similar goods; 2. similar trademarks on similar goods; and 3. similar trademarks on identical goods. (2004.10)

CYJ/CCS