2013-05-20　人氣：4955【Patent Filling in Taiwan, TJIP Firm】DERM 3 COMPLEX is lacking of distinctiveness Mentholatum loosed a trademark lawsuit

The Supreme Administrative Court acts for against the appellant, American-based Mentholatum Corporate, in the trademark litigation regarding the distinctiveness of “DERM 3 COMPLEX”.

In May 2011, Mentholatum applies for the registration of “DERM 3 COMPLEX” trademark for the designated products including laundry bleach, and other sun-protect cosmetic products to the Intellectual Property Office, Ministry of Economic Affair (IPO). The IPO denied the application for the reason that the “DERM 3 COMPLEX” implied the meaning of “3 unit of skin component” which merely describe the quality, intended purpose, material, place of origin, or relevant characteristics of the designated goods. According to the Trademark Law, the above situation is equal to the lacking of distinctiveness and a trademark shall not be registered if it is devoid of distinctiveness.

The court pointed out that the “DERM 3 COMPLEX” trademark image is composed of an English word and Arabic figures without any design and besides that, there are no other words or images companying with; apparently, the “DERM 3 COMPLEX” trademark image is merely the explanation of the component of the product.

The English word “DERM” indicated the meaning of dermis or skin, and “COMPLEX” indicated the meaning of compound. That’s why the Mentholatum use the word “DERM 3 COMPLEX” with a sequence of DERM, the figure number of 3 and COMPLEX would be indicated to be “3 unit of skin component”.

(source : Commercial Times,May, 14, 2013)

(Cash, Chein C. F.)