Taipei 101 Tower Approved for Registration as 3-D Mark. Holder Expecting to Exploit Licensing of The Mark. THSRC Still Has A Long Way to Go to Obtain Approval of The Taiwan High-speed Rail Train as Registered 3-D.

Taiwan High Speed Rail Corporation (THSRC) applied for 3-D mark registration for the M700 train used for the Taiwan High-speed Rail System.  TIPO dismissed the application.  THSRC appealed and the Ministry of Economic Affairs sides with TIPO.  According to TIPO, to consumers who are frequent international travellers, the M700 train looks not much different from the trains used for the high-speed rail system in Germany, France and China in terms of external design.  Finding it difficult to concur with THSRC claiming the M700 train a symbol representing its products or service, TIPO denied THSRC’s 3-D mark application.

The 3-D mark application on the Taipei 101 Tower and that the M700 train both have drawn wide attention because the Taipei Financial Center Corp., manager of the Taipei 101 Tower and THSR both are known to hold high hopes for royalties income from licensing of their marks once they are approved for registration.  The specification of the 3-D mark registration of the Taipei 101 Tower covers a wide range of daily use articles.  Evidently the manger of the Tower has aimed for the financial potential underlying the registration of the mark.

How are the two 3-D mark applications treated differently under the examination standards?  According to TIPO, a 3-D mark must be “inherently distinctive.”  If it is not, the applicant must establish “acquired distinctiveness” to establish consumer recognition of the mark.  Inherent distinctiveness means the 3-D mark is so special that the consumer recognizes it at sight.  Acquired distinctiveness means the consumer recognition claimed is acquired through extensive promotion and marketing of the mark.

Taipei 101 Tower, a famous tourist attraction, is considered inherently distinctive due to its unique external appearance and, accordingly, is approved for registration as a 3-D mark.

The 2003 amendment to the Trademark Act came into opened the door for 3-D mark registration.  Since then, TIPO has received a total of 508 applications, examined 284 of them and approved 143 of those examined, representing an approval rate of 50%.  (2006.11)

/EMA