經通國際智慧產權事務所

The famous food corporation Hsin Tung Yang used the last name of the deceased former president Mr. Mai, Hsin-Fu and registered the trademark “Mai Kee”, which was later revoked as a result of the Invalidation filed by Mo Kee Fan Tang, a Cantonese cuisine restaurant. In order to consolidate their trademark, Hsin Tung Yang went to Court with the Taiwan Intellectual Property Office (TIPO), and after 6 months of trial, the Intellectual Property Court ruled in favor of Hsin Tung Yang.

The fight for the “Mai Kee” trademark puts the original trademark created by Hsin Tung Yang’s founder Mai, Hsin-Fu at stake. Mai’s younger brother, the current president of Hsin Tung Yang, Mr. Mai, Kuan-Cheng has won the Court case and temporarily keeps the trademark, as the case can still be appealed to the Supreme Administrative Court. The Mai family has to keep on fighting to protect their own trademark.

On October 26, 2006, Hsin Tung Yang Corporation Limited applied for a trademark application for “Mai Kee & Design” (shown on bottom left), and designated services in hot/cold beverages, restaurants, eateries, hot pot restaurants, hotels and fast food restaurants, etc, in a total of 16 services under class 43 and the application was granted by the TIPO.

Mr. Lee, Wen-Chi, of the Mo Kee Fan Tong believed that the “Mai Kee” trademark is similar to his registered trademark “Mo Kee Fan Tang, MICHAEL’S KITCHEN & Design” (shown on bottom right). After evaluating the two marks, TIPO has revoked Hsin Tung Yang’s trademark; however, Hsin Tung Yang could not accept the decision, and after losing the Appeal, they filed an administrative lawsuit against the TIPO. The Intellectual Property Court believed that the two trademarks are not similar, therefore, revoked the previous decisions of the Appeal and of the TIPO.

Hsin Tung Yang　　　　　　Mo Kee Fan Tang

Organized and translated by Tony Chen

International Affairs