On May 4, 2022, KIDSBURGH INTERNATIONAL BUSINESS CO., LTD. (“KIDSBURGH”), an educational institute for kids in Taiwan, filed trademark application for “MUSKKIDS” (application No. 111031214, see below), intending to use in services under class 41, such as educational services, cram schools, teaching services, kindergartens, training services, educational training, organizing educational competitions, organizing entertainment competitions, arranging and holding seminar events, organizing exhibitions for cultural or educational purposes, etc.
Taiwan’s IP Office (“TIPO”) denied KIDSBURGH’s application on March 15, 2023, reasoning that:
1.
According
to Article 30.1.13 of Trademark Act, a mark shall not be registered if such a
mark “contains another person’s portrait or well-known name, stage name,
pseudonym, or alternative name, unless the said person consents to the
application.”
2.
Here,
KIDSBURGH’s application “MUSKKIDS” consists of “MUSK” and “KIDS”, and “MUSK” is
the name of Mr. Elon Musk, the founder and CEO of many successful companies including
SpaceX, Tesla, Neuralink, etc. Particularly, in 2022, Mr. Musk was not only ranked
as the richest billionaire around the globe, but has successfully acquired
Twitter, the Top 3 social media most frequently used by Taiwanese, in the same
year. Through the continuous and worldwide coverage of news about Mr. Musk, his
name “Musk” has become well-known among the relevant public in Taiwan.
3. Since KIDSBURGH was unable to provide evidence showing Mr. Musk’s consent or any responses supporting its trademark application for “MUSKKIDS”, such application shall be found violating Article 30.1.13 of Trademark Act. Hence, KIDSBURGH’s application is denied accordingly.
Similarly, KIDSBURGH’s application for “小小馬斯克” (application no. 111031210), which contains “馬斯克”, the Chinese transliteration of “MUSK”, is also denied by TIPO based on the same legal ground.
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