經通國際智慧產權事務所

On May 14, 2009, the Taiwan Intellectual Property Office’s (TIPO) decision of rejecting trademark application number 096056910 bearing “” and the Committee of Appeal of the Ministry of Economic Affairs’ rejection against the subsequent appeal were upheld by the Intellectual Property Court. In the said decision, the Court noted that because the disputed trademark was similar to the series of prior trademark registrations including “ (transliteration of the Chinese characters in English: Golden Headquarter of Fresh Prawn House)”, “ (transliteration of the Chinese characters in English: Headquarter of Fresh Prawn House)” and “(transliteration of the Chinese characters in English: Headquarter of Fresh Prawn House)”, and the said prior registrations and the disputed trademark all designated the same or similar restaurant services, confusion of recognition among the consumers was likely to be caused.

The appellant, Societe des Hotels Meridien (Meridien), provided the claims of that Meridien was not only an internationally renowned hotel conglomerate with over 120 luxurious and high-end hotels spreading over more than 50 countries in Europe, Asia and America but also belonged to the world's leading hotel company, Starwood Hotels & Resorts Worldwide, Inc. With the plan of opening its first hotel in Taipei in 2010, Meridien pointed out that its unique brand image would clearly differentiate itself from the Taiwanese owner of the said prior trademark registrations. Therefore, confusion of recognition among the consumers would not occur. Nevertheless, the IP Court ruled against the appellant by confirming the Intellectual Property Office’s decision of that the appellant’s trademark and the said prior registrations were highly similar and all designated restaurant related services.

Based on the reasons above, the Court rejected the all of the appellant’s claims. The said Court decision was subject to further appeal.

Organized and translated by Akina Pan

International Affairs