“Chuan Wei Xian” is Different from “Wei Chuan”
2011/05/13 TaiwanThe Wei Chuan Foods Corporation (WCF) has filed an invalidation against the mark “Chuan Wei Xian”, registered by a food vendor in Tainan County also named “Chuan Wei Xian” (CWX), to the Taiwan Intellectual Property Office (TIPO). WCF alleged that the opposed mark is similar/identical to its mark “Wei Chuan” as the opposed mark contains two identical words with the reverse word order. After receiving decisions of rejection from the TIPO and the MOEA, WCF then filed an administrative lawsuit to the Intellectual Property Court (IPC).
WCF, established in 1953, is a time-honored food manufacturer in Taiwan and has gained its reputation with the brand “Wei Chaun” over the years. On the other hand, CWX is a 30-year-old bakery in Tainan County.
In the administrative lawsuit, WCF alleged that as the marks are not only similar/identical in appearance and meaning, but as the designated goods of the marks are daily foods, which would also cause confusion to the consumers since price of products are not expensive and the relevant consumers might pay their attention upon purchasing. Therefore, WCF claimed that if the opposed mark is to be allowed for registration, it might dilute the distinctiveness and reputation of its well-known mark.
In response, CWX indicated that as the creation of the mark “Chuan Wei Xian” is transcribed from the Chinese phrase “all smell good”, the appearance and word orders of the marks are different. The meaning and pronunciation of the marks create differentiable mental images to the relevant consumers; so the marks are not similar/identical to each other.
After reviewing the facts, the judges of the IPC agreed with CWX’s claims that the marks are dissimilar with no likelihood of confusion to the relevant consumers and overruled WCF’s lawsuit on Aug. 19, 2010.
Organized and translated by James Tsai
International Affairs
