經通國際智慧產權事務所

The ASE Inc. tried to register a trademark “aMAPPoP” in 2009, whereas the TIPO considered the trademark was non-distinctive and rejected the application. The ASE Inc. was discontented with the decision and filed the lawsuit to the IP Court. However, the IP Court ruled against the ASE Inc., and the ASE Inc. was entitled to appeal.

The verdict indicated that the “aMAPPoP” trademark is combined with the abbreviations of the well-known techniques in the electronics industry, which could not be directly associated with the ASE Inc. That is, the “aMAPPoP” trademark was considered to be non-distinctive and not allowed to register. The IP Court deemed that the word “MAP” was the abbreviation of “Manufacturing Automation Protocol”, and “PoP” meant “Package-on-Package,” a method to package memory together. Thus, both “MAP” and “PoP” are actually the techniques applied in the electronics industry.

Generally, people will think of representations featuring a certain area upon seeing the word “MAP”, while it stands for a technique to the practitioners and relevant consumers in the electronics industry. The word “MAP” cannot be linked with the ASE Inc. obviously. Accordingly, “PoP” is just a method to package memory together, and it is also used by other Taiwan electronic companies, such as Sliconware Precision Industries Co., Ltd. and Vate Technology CO., Ltd. These companies cannot associate “Pop” with the ASE Inc. upon seeing it.

Organized and translated by Tony Chen

International Affairs