Hearing for Trademark Dispute Begins.　Opposition Was Filed Against the Name of Inventor of Japanese Vegetables Soup as a Trademark.

Taiwan Intellectual Property Office (hereinafter referred to as “TIPO”) on April 20, 2006 for the first time held a hearing for a trademark dispute case, which is about the trademark registration application for using the name of the inventor of Japanese Vegetables Soup, Dr. Kazu Tateishi (立石 和) as a trademark.  TIPO invited both parties of this dispute to make statements.

 

  The hearing was held with a focus on the issue whether Dr. Kazu Tateishi (立石　和) had agreed to the applicant’s (a Taiwanese company) use of his name as a trademark before he passed away in 2001. 

 

  The opposing party cited Subparagraph 15 of Article 23 of the Trademark Law, which provides that “A trademark application shall be rejected if the proposed trademark comprises a portrait, or a famous name, stage name, pseudonym or alias of another person. However, the aforementioned shall not apply to an application filed with consent from the said person.”  In this dispute, Kazu Tateishi (立石 和) is a celebrity in Japan and the applicant, accordingly, shall obtain Kazu Tateishi’s consent to the use of his name as a trademark in Taiwan according to the foregoing provision. 

 

  To this, the applicant stated that the trademark registration application was filed with two photocopies of the letter of authorization that are comparable to the originals and an undertaking.  However, the applicant in the dispute submitted the original receipt that confirmed receipt of the letter of authorization and undertaking as evidence because the original letter of authorization from Kazu Tateishi was damaged in typhoon Nari.  The applicant also argued that the law does not provide regulation on “how to obtain the consent”, and trademark registration application is approved by examination on paper work instead of on substantive matters in civil or criminal actions.  In this regard, the burden of proof against documents forgery should go to the opposing party, said the applicant.  (2006.04)

/CCS