10 Jul 2014 | IP Network News, Taiwan
There is still the probability for two trademarks to be deemed similar even though their designated goods/services belong to different classes.
If goods have the same marketing channels or services are provided at the same locations, it is more likely that they will cause confusion as there is a higher probability that relevant consumers will come across them simultaneously.Under the foregoing condition, two trademarks may be still deemed similar even though their designated goods/services belong to […]
If goods have the same marketing channels or services are provided at the same locations, it is more likely that they will cause confusion as there is a higher probability that relevant consumers will come across them simultaneously.
Under the foregoing condition, two trademarks may be still deemed similar even though their designated goods/services belong to different classes. Here are some samples below.
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Case 1:
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| Trademarks in conflict |
 |
 |
| I.C. |
26 |
10 |
| Goods/Services in conflict |
Pacifier chain clip |
Pacifiers for babies; Soother |
| Reasons sustained by MOEA No.09306211210 |
The function of a “pacifier chain clip” is to assist a “pacifier” being worn on a baby to avoid losing the pacifier. The “pacifier chain clip” and the “pacifier” are complementary goods in function and usage. Both pacifier chain clip and pacifier are goods which consumers who have babies must buy or must know, especially for housewives. And, they are usually displayed in the same venue for sale, such as baby specialty stores, department stores and baby specialty departments in shopping malls, etc. |
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Case 2: |
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| Trademarks in conflict |
 |
 |
| I.C. |
16 |
09、37 |
| Goods/Services in conflict |
Inking ribbons; Carbon ribbon for typewriter; Carbon ribbon for printer; Inking ribbons for printers; Copying paper; Fax paper; Paper for ink jet printer; Carbon ribbon and ink for computer; Paper and office requisites, etc. |
Telephone apparatus; Facsimile machines; PBX; Computer keyboards; Printers for use with computers; Computer memory; Mouse; Laser printer; repair of computer hardware, etc. |
| Reasons sustained by MOEA No.09506177510 |
Both goods and services complement each other very closely in functions, usage, manufacturers, marketing channels or locations. They can jointly satisfy customers’ specific demands. According to general concepts prevailing in the society or trading situations in the marketplace, it will likely cause consumers to misidentify them as goods/services from the same source, or different but related sources. Thus, these goods and services are deemed to have a similar relationship. |
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Case 3: |
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| Trademarks in conflict |
 |
 |
| I.C. |
09 |
18 |
| Goods/Services in conflict |
Mobile phone pouch made of leather |
Wallet; Purse, etc. |
| Reasons sustained by MOEA No.09106129090 |
Both goods have common aspects in raw materials and manufacturers.A mobile phone pouch made of leather belongs to accessories of mobile phones. It is generally sold in the same locations as mobile phones. However, it is also common to find a mobile phone pouch made of leather in locations where wallets and purses are sold, no matter whether it is sold in collocation with a purse or individually. Although the target consumers for the mobile phone pouch are those who carry mobile phones, it is not easy to distinguish consumers using mobile phones from those buying wallets and purses because people carrying mobile phones is a universal phenomenon in Taiwan. Thus, we cannot say that the marketing channels and locations thereof are different, the chance for relevant consumers to come across them simultaneously is small, or consumers for both goods are different. |
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Source: decisions made by MOEA (the superior institution of TIPO)
Delivered by: JAW-HWA INTERNATIONAL PATENT & TRADEMARK & LAWOFFICES
TAIPEI, TAIWAN
http://www.jaw-hwa.com.tw
