2020年12月30日 星期三

Trademark application for “Black Mamba” is considered against public interest and accepted principles of morality by Taiwan’s IP Office

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.

 

Source:

https://twtmsearch.tipo.gov.tw/OS0/OS0401_SCN3.jsp?issueNo=XpJ13RyT4UjVtcVkwblM0SjdOU0JtWjBLalNXZz09&l6=zh_TW&isReadBulletinen_US=&isReadBulletinzh_TW=true


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