經通國際智慧產權事務所

Jing Wei Chiung Company, a manufacturer of the “Shin Neng Kou” cellophane noodles, had used a trademark,“Shin Neng Kou” that is confusingly similar to the well-known “Long Kou” cellophane noodles. Wu Jiang He, the owner of Jing Wei Chiung Company, was sentenced to six months imprisonment with three years of probation in 2000 due to the violation of Trademark Law. However, Jing Wei Chiung Company had continued using the trademark “Shin Neng Kou”. He was prosecuted for a violation of Trademark Law last year. Wu was sentenced to a six-month imprisonment or fine punishment by the First Instance, and he filed an appeal against the ruling of the First Instance. The Banciao District Court has come to a final verdict and rejected the appeal.

According to the verdict, Jing Wei Chiung Company’s trademark “Shin Neng Kou” indeed is similar to the well-known trademark “Long Kou” as the Chinese characters of “Neng” () and “Long” () are similar in appearance and sound. Both trademarks are used in red and their cellophane noodles are both packed with transparent plastic bags. Moreover, considering that Wu Jiang He had violated Trademark Law and was sentenced to six months imprisonment with three years of probation in 2000, the judges rejected his appeal as he has again violated Trademark Law.

Organized and translated by Henry Gao

International Affairs