According to Article 23 I (13) of the Trademark Act, a trademark application shall be rejected if the proposed trademark is identical or similar to a registered trademark or a proposed trademark of a preceding application that is designated for use on identical or similar goods or services thereof and hence likely to cause confusion to relevant consumers.
Therefore, when two trademarks are considered similar, it means that consumers with common knowledge and experience, who exercise a normal level of attention when shopping, may be confused about and misidentify the two kinds of goods/services as coming from the same source or from different sources of related nature by a separate comparison on the overall appearance, concept idea or pronunciation sound of the two trademarks.
We introduce herewith two decisions made by the IP Court in relation to the “Likelihood of Confusion” for reference.
Source: TIPO Newsletter issued on April 05, 2012)
http://www.tipo.gov.tw/Resource/EPaper/320f8a70-a460-4486-86ef-f65b50495a03.html
Source: TIPO Newsletter issued on May 07, 2012
http://www.tipo.gov.tw/ch/News_NewsContent.aspx?NewsID=5942
JAW-HWA INTERNATIONAL PATENT & TRADEMARK & LAW OFFICES
10-1FL., NO.23, SEC.1, CHANG-AN E. RD.,TAIPEI10441,TAIWAN, R.O.C
