Protection of Well-Known Marks Not Limited to The Registered Marks in Taiwan.　The Supreme Administrative Court Rules Against The Application for Da Chang Jin to be the Trademark for Seasoning and Food Products.

One manufacturer used Da Chang Jin, the name of the Korean drama, to file for trademark application with the Taiwan Intellectual Property Office (TIPO) and designated the mark to be used in items including seasoning products such as soybean sauce, royal jelly and food.  TIPO denied the said trademark application.  The manufacturer brought the case to the Supreme Administrative Court.  The court held that the protection of well-known marks is not limited to the registered marks in Taiwan.  In other words, even Da Chang Jin is not a registered mark in Taiwan, the manufacturer’s purpose for filing Da Chang Jin as a trademark with TIPO is to be denied.  The court denied the manufacturer’s (Tang) application and held the judgment to become final with binding effects.

In August 2004, the manufacturer used the characters, Da Chang Jin, applying for trademark application with TIPO.  The said application was denied by TIPO in consideration that the mark in question is the Korean MBC Television Company’s (MBC) well-known trademark, approval of the mark in question will likely confuse the local consumers with respect to the provenance of the products. 

The applicant alleged that TIPO did not provide any substantial information proving that MBC has registered in advance in Taiwan for the trademark rights and interests of Da Chang Jin.  The applicant further refuted by stating that the nature of Korean drama Da Chang Jin and the nature of the applicant’s food industry are very different.  In other words, the trademark representations of Da Chang Jin in two different nature of business will not likely cause consumer confusion.  The applicant thus drew the conclusion that TIPO has without authorization expanded the interpretation of confusion.  (2009.03)
/DC