Trademark “長壽香煙” (Longlife Cigarettes) firstly registered in China
E020615X2 Jul. 2002（E35）
For the matter that the trademark “長壽香煙” (Longlife Cigarettes) was firstly registered in China, the Intellectual Property Office (“IPO”) indicated that “長壽香煙” was registered as a trademark in Taiwan in 1982 and it has become a trademark commonly known to the general consumers in Taiwan. However, trademark registration is subject to the principle of territory. Trademarks registered in Taiwan are valid only in areas where the effect of the Taiwanese laws extends. Therefore, if a Taiwanese registered trademark is firstly registered in China, the registrant of such trademark only can seek remedies in accordance with the relevant provisions of the Trademark Law of China.
Under the Trademark Law of China, no registration shall be granted to a trademark if the trademark is a copy, an imitation or a translation of another person’s trademark not registered in China. Therefore, the IPO considered that the Taiwan Tobacco & Wine Monopoly Bureau may file a petition with the Trademark Review Committee of China for a ruling to cancel the registration within five years. If the requirement for a “well-known trademark” is met, there will be no time limit for filing the aforementioned petition for cancellation.
In light of the fact that the trademark “長壽香煙” was firstly registered in China, the problems about firstly registering trademarks on cross straits will certainly rise in succession. The IPO called on that any manufacturer who has entered into, or is preparing to enter into the market in China, should immediately apply for registration for their trademarks in China to secure their own rights and benefits.
Source: Liberty Times 06/15/2002
