Court Ruled against Orange Electronic in Connection with Trademark “Orange”
2010/09/27 TaiwanThe “Orange Electronic” trademark of the domestic tire pressure monitor system company Orange Electronic Co. Ltd. is deem similar to the “Orange” trademark of the British telecommunication company Orange Brand Service Limited. The Intellectual Property Court (IP Court) finds the two trademarks to be very similar; furthermore, as the Orange Brand Service Limited is sponsoring the Orange Rocket team of the Formula One race, the company is internationally well-known, therefore, should be provided with broader protection, and thus ruled against Orange Electronic Co. Ltd.
In February of 2006, Orange Electronic filed an application for “Orange and device” with the Taiwan Intellectual Property Office (TIPO), disclaiming “Electronic” apart from the mark. The application was allowed for registration; however, the British company noticed its publication and filed Opposition against the published trademark. The TIPO cancelled the trademark filed by Orange Electronic based on the reason that the trademark is confusingly similar.
After losing the Appeal, Orange Electronic commenced the Court proceeding, hoping the Court would dismiss the Decision of the TIPO and the MOEA, so they can keep the orange trademark. The main argument of Orange Electronic is that the trademark owned by Orange Brand Service is not distinctive or well-known to the consumers in Taiwan. Furthermore, the two companies have different products and business operations; therefore, the consumers would not be confused.
The Verdict of the IP Court of July 15, 2010 states that the orange trademark of the Orange Brand Service Limited is already internationally well-known. Furthermore, the British company is providing Orange bus services, which shows that the company has expended their operation into electronic products for cars.
Organized and translated by Akina Pan
International Affairs
