Protako Fishing Tackle Co., Ltd (“Protako”), a company that provides fishing gears, filed trademark application for “黑曼巴Black Mamba” (Application No. 108030063, see below) on May 15, 2019, for use in goods including fishing tackle, fishing gear, fishing reel, fishing bait, fishing rod, etc.
Taiwan’s IP Office (“TIPO”) denied Protako’s application on November 19, 2020, based on Article 30.1.7 of Trademark Law:
1.
Article
30.1.7 of Trademark Law provides that a trademark shall not be registered if
registration of such trademark is contrary to public policy or to accepted
principles of morality. The purpose of Article 30.1.7 is to protect social norms
and public interest, especially when registration of a trademark may have
negative impact on the fair competition or cause a lot of ill feeling among the
public.
2.
In
this case, TIPO considers Protako’s application violates Article 30.1.7 of
Trademark Act. “Black mamba” is the nickname of the late shooting guard of LA Lakers,
Kobe Bryant. When speaking of “Black mamba”, the public would immediately
connect the name with the late basketball legend. Thus, the name has a strong
appeal and huge business potential. If Protako’s application were to be
allowed, the public may misunderstand that the fishing gears provided by
Protako is related to or associated with the late basketball player. TIPO is
also concerned that exclusivity over the name of a global icon may be
detrimental to consumer’s interest and fair competition.
3.
Before
making final decision, TIPO asked Protako to provide explanation that could
support its application and use of such trademark, but Protako provided nothing
in response. As such, TIPO denied Protako’s trademark application accordingly.
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