2016-04-17　人氣：3257[IP News in Taiwan, TJIP Firm] The Trademark “GOLD CLASS” Possessing no Distinctiveness, VIESHOW Cinema’s Request for Trademark Registration Rejected

Famous cinema VIESHOW intended to register a trademark using “GOLD CLASS” with Taiwan Intellectual Property Office (TIPO). However, TIPO considered the trademark non-distinctive, that is to say, it considered the trademark not representative enough to make the customers recognize it as a mark of the cinema. TIPO thus rejected the application. VIESHOW file administrative appeal. The Supreme Court judged that the former sentence is reasonable, and the tribunal decided today that VIESHOW’s appeal is rejected.

VIESHOW said that it is in the movie business, and since different movie halls in one movie theatre are equipped with different equipment, such as the seats, and audio and visual equipment, it is necessary that it classify the halls with different hall names. That is why they register trademark for “GOLD CLASS”, which is for the purpose of classification, and not the purpose of implying its quality of services.

Besides, VIESHOW has been using the trademark “GOLD CLASS” for many years. It is a trademark well known to consumers. Accordingly, it has been identified as the synonym of top class movie theatre. Therefore, it possesses acquired distinctiveness, and should be allowed a trademark registration.

TIPO is of the opinion that “GOLD CLASS” is composed of “GOLD” and “CLASS”, wherein the former expresses the meaning of the precious metal gold, while the latter represents “level”. The whole term thus expresses a concept of “high level”, and does not show obvious intention to make VIESHOW’s services recognized so that VIESHOW’s services would not be mistaken as the services of other theatre.