(Reg. No. 02019128)
(Reg. No. 096055056)
The
legal ground cited by IPO is Article 30.1.10 of Trademark Act, which provides
that a trademark shall not be registered for “being identical with or similar
to another person’s registered trademark or earlier filed trademark and to be
applied for goods or services identical with or similar to those for which the
registered trademark is protected or the earlier filed trademark is designated,
and hence there exists a likelihood of confusion on relevant consumers.”
In
this case, the IPO first found that the applicant’s “Skyrover” and Jaguar’s
registered trademarks all share similar character “ROVER”, which are similar
with each other. Although the applicant combines “ROVER” with another word “sky”,
such difference is minor, and consumers may still find “Skyrover” similar with
Jaguar’s registered trademarks.
In
addition, the goods covered by Jaguar’s registered trademarks are not limited
to car or automotive parts only, but also include goods such as shopping bag,
backpack, camping bag, smartphone case and tablet case, which serve similar
function with goods designated by applicant’s “Skyrover”. Hence, the goods
designated by “Skyrover” are similar with those designated by Jaguar’s
registered trademarks.
Further,
pursuant to IPO, Jaguar’s registered trademarks are highly distinctive, because
they bear no relation with the nature or function of their designated goods. In
light of such high degree of distinctiveness, the IPO posited that it is
particularly likely that consumers may confuse applicant’s “Skyrover” with
Jaguar’s registered trademarks.
Based
on the aforesaid reasons, IPO denied the trademark application for “Skyrover”
accordingly.
Source:
https://twtmsearch.tipo.gov.tw/OS0/OS0401_SCN3.jsp?issueNo=XpJ13RyT4OVhjeDJ5WGk2NzNkZS9FcHpMWjlvQT09&l6=zh_TW&isReadBulletinen_US=&isReadBulletinzh_TW=true
沒有留言:
張貼留言