Korean Trademark Holder Won Its Administrative Suit against TIPO over Registrability of Its Mark.

E110106Y2 Feb. 2011(E135)

A proposed mark may be registrable even if it is different from a cited mark by only one alphabet.  TIPO denied the Goodle mark for registration, the mark owned by Korea-based CERAGEM Co., Ltd.  CERAGEM brought the matter to the Taiwan Intellectual Property Court and successfully had TIPO’s denial decision vacated. (Intellectual Property Court judgment of case No. 99-Xing-Shang-Su No. 163 [2010])

According to the above IP Court judgment, CERAGEM, a manufacturer of (among others) manometers and UV lamps used for medical and non-medical physical treatment, filed its Goodle mark for registration with TIP in 2008 designating the mark for use on manometers, physical treatment appliance, massagers and relevant services.  TIPO denied approval of registration of the mark under Article 23 of the Trademark Act by reason of the mark being similar to the well-known Google mark.  GERAGEM appealed TIPO’s denial but in vain and thus initiated administrative action against TIPO.  (2011.01)
/EMA

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