Supreme Administrative Court Let Stand Rejection of Taiwan High-speed Rail’s 700T Locomotive for 3D Mark Registration on Lack of Distinctiveness.

Taiwan High-speed Rail Corporation (THSRC) applied for registration of its 700T locomotive on 31 May 2005 designating it to be used on schoolbags, handbags, cups, bowls, clothing, cell phone ornaments, toy trains, food, beverages and relevant services.  TIPO denied the application.  THSRC took an appeal to the Ministry of Economic Affairs who upheld TIPO’s decision.  THSRC then brought an administrative suit but the action was dismissed by the Taipei High Administrative Court (THAC).  THSRC thus took the matter to the Supreme Administrative Court (SAC).  The SAC ruled in favor of TIPO yesterday (6 August 2009), which decision is final with binding effects.  That is to say, the 700T locomotive is not registrable for 3D mark.

THSRC considers its 700T locomotive echoes its orange-and-black CIS standing as the symbol representing the company so sought application for registration of the locomotive as a trademark. 

On THSRC’s appeal, the SAC finds that the 700T locomotive has the common shape of general high-speed rail cars.  By operation of the common societal concept, the locomotive does not serve as a distinctive mark to identify the goods or services provided by THSRC.  Further, the 700T has the design and style which are commonly adopted by the high-speed rail system owners/operators, among others, the Japanese Shinkansen and even Germany, France and China have have adopted the same idea of design for their Meglev systems.  THSRC’s 700T locomotive is therefore concluded as indistinctive.  (2009.08)
/EMA