Sen Chyuan Defeated in Trademark Lawsuit with Wowprime.

Sen Chyuan Foods Industrial Co., Ltd. (“Sen Chyuan”) applied for trademark registration for the Chinese characters mark “聚鍋王” (pronounced Ju-Guo-Wang) for its frozen hot pot food packet products. Taiwan Intellectual Property Office (“TIPO”) denied the application on the ground that the proposed mark was similar to Wowprime Corp’s Chinese character mark “聚” (pronounced Ju) that represents Wowprime Corp’s Gi Hokkaido Kelp Hot Pot restaurant, for which Sen Chyuan filed an administrative lawsuit. This matter was brought to the Taiwan IP Court which decided against Sen Chyuan with the reasoning that the proposed mark’s high similarity to Wowprime Corp’s Chinese character mark “聚” in its Chinese character font and its designated dining and catering services would easily cause consumer’s confusion [IP Court administrative judgment -101, XING-SHANG-SU No. 147 (17 January 2013)] Before initiating the administrative lawsuit with Taiwan IP Court, Sen Chyuan had also filed an administrative appeal against TIPO’s denial of its application but the appeal was also dismissed on the same ground.

Well known for its great variety of frozen ready-to-eat food packet products, Sen Chyuan launched its hotpot food packet under the proposed mark in 2010 and made it commercially available on market and online. It is also a famous product for group buying. On the other hand, Gi Hokkaido Kelp Hot Pot is a famous restaurant under the Wowprime Group.

To defend its proposed trademark, Sen Chyuan asserted that its frozen hotpot food packet under the proposed mark has once been rated the top one food for group buying and therefore the proposed mark is a well-known trademark.  Sen Chyuan also negated the alleged likelihood of consumers’ confusion by pointing out the price difference between its hotpot food packet, priced at TWD299 each, and Wowprime’s Gi Hokkaido hotpot, priced at TWD400 per person at least.  Design difference is also one of Sen Chyuan’s defensive arguments that the proposed mark is aesthetically juxtaposed with a pot logo while Wowprime’s “聚” mark is presented by a Chinese character “聚” only.
 
Taiwan IPO sustained the likelihood of consumers confusion by the reasons that the first Chinese character “聚” of the proposed mark “聚鍋王” is similar to Wowprime’s “聚” mark in appearance and pronunciation and the proposed mark and Wowprime’s “聚” mark are both used in hot pot product.

Taiwan IP Court decided against Sen Chyuan by the same reason of similarity between of the two marks in dispute, even though the mark “聚鍋王” is accompanied with a pot device.  Taiwan IP Court added that Wowprime’s “聚” mark should be a well-known trademark under due and legal trademark protection due to its early registration completed in 2005. Based on the foregoing reasoning, this case was found in favor of Wowprime. 

Sen Chyuan can still appeal for this case.  (2013.03)