When speaking of Taiwan’s glove puppet show
(also known as “Bu-dai-xi”), what most Taiwanese would come to mind would be Pili
Puppetry (“PILI”), the leading puppetry show in Taiwan. Throughout the past 30
years, PILI has created more than 80 series and introduced more than 4000 hero
characters to fans all around the world, including the recent release on
Netflix, PILI Fantasy, War of Dragons. Among the heroes, “一頁書” (transliteration:
“Yi-Yeh-Shu”), is the most iconic and famous one (https://www.pili.com.tw/role-view/shu/).
PILI also filed and acquired trademark registrations for such popular character,
including no. 00977544 and no. 00162316 (see below).
On December 22, 2022, PILI filed opposition
against trademark no. 02262794 (see below). The contested trademark was filed
on January 13, 2022, and granted on November 16, 2022, designated for use in services
under class 35, including advertising, marketing, auctioning, telephone
marketing, SEO service, retail service for apparel accessories, etc.
On April 10, 2024, TIPO found against PILI,
reasoning that:
1.
Article 30.1.11 of Trademark
Act provides that a mark shall not be registered if such a mark is “identical
with or similar to another person’s well-known trademark or mark, and hence
there exists a likelihood of confusion on the relevant public or a likelihood
of dilution of the distinctiveness or reputation of the said well-known
trademark or mark”. Thus, to be applicable, PILI must first prove its “一頁書” is a well-known
trademark.
2.
While there are significant
amount of records and documents featuring PILI’s character “一頁書”, TIPO find most
of them insufficient to support PILI’s contention that its “一頁書” has become a well-known
trademark. The documents submitted by PILI are either not dated, or merely news
reports or video clips covering the character itself. Without evidence of
continuous and consistent use of “一頁書” as a trademark, TIPO does not consider “一頁書” has become a well-known
trademark.
3.
Because PILI’s evidence could
not show “一頁書” is a well-known trademark, TIPO finds Article 30.1.11 not
applicable, even though the contested trademark is identical to the name of PILI’s
popular character.
In view of the above, TIPO denies PILI’s
opposition based on Article 30.1.11 of Trademark Act. The fact that “一頁書” is the name of a
famous character does not necessarily mean it is well-known as a trademark.
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