Administrative court ruled to disallow trademark application for “Nu Er Hong” filed by a Japanese company

    A Japan-based company originally planned to register “Nu Er Hong (女兒紅)” as a trademark under which it would introduce a new alcohol beverage into the Taiwan market.  However, the Taipei High Administrative Court recently ruled that the name “Nu Er Hong” has become the name for alcohol beverages in general and thus denied the Japanese company’s application for the trademark registration. 

    It is understood that the Japanese company has been selling aged Shaoxing wine under the name “Nu Er Hong” in Japan for over a decade, and that each year it launched advertising campaigns in major Japanese media.  Years ago, it began a cooperation with a Chinese Mainland company for the sale of “Nu Er Hong” in Mainland China, and was granted its trademark registration. 

    According to Article 37 (10) of the Trademark Law, a company cannot apply for trademark registration of the name of a product if that name refers to goods generically known to the society by that name.  For example, a company cannot apply for registration of a trademark composed only by the word “beer”.  Also, Nu Er Hong, the Intellectual Property Office said, is perceived as one of the rice wines by the general public in Taiwan.  Hence, the trademark registration of “Nu Er Hong” is denied.