Trademark: Introduction of a new judgment made by the Supreme Administrative Court.
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[2015/03/24]
In the judgment of 104-Pang-98 regarding a trademark comprising of the English letters and the Chinese characters, the Supreme Administrative Court found that, given that those Chinese characters are smaller than the English letters in size as well as they are the direct translation of the English letters, the relevant group of customers will, though they may not omit such Chinese, treat them only as the expression with the same meaning of the English letters when observing the subject trademark. Thus, the English letters shall be the main distinctive part of such trademark. The judgment further found that, there is only one letter in such main distinctive part of the subject trademark different from that of the other opposing trademarks, and the pronunciations thereof are also similar. The court concluded that the subject trademark is similar to the opposing trademarks in terms of the outward appearance, concept and pronunciation and may cause the likelihood of customer confusion.
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