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IP Court holds Similarity of Trademarked Goods Not Restricted by Classification of Goods or Services in Enforcement Rules of Trademark Act
How to determine whether the goods or services are similar and the extent of their similarity are important issues under the practice of examination of the trademark dispute cases.
The Intellectual Property Court holds in an administrative suit concerning a trademark opposition case in 2020 that similar goods refer to the goods that are common or related in functions, raw materials, manufacturers or other factors. If the goods of this kind are labeled with an identical trademark or similar trademarks, and they, according to general concepts prevailing in the society or trading situations in the marketplace, will likely cause consumers of goods to misidentify them as goods from the same source, or different but related sources, these goods are deemed to have a similar relationship. Likewise, similar services refers similar services refer to the services that are common or related in the satisfaction of consumers' needs, services provider or other factors. If the services of this kind are labeled with an identical trademark or similar trademarks, they, according to general concepts prevailing in the society or trading situations in the marketplace, will likely cause service consumers to misidentify them as services from the same source, or different but related sources.
The IP Court further expounds that the classification of goods or services in the Enforcement Rules of the Trademark Act is for the convenience of administrative management and search purpose. The classification is not absolutely meant to serve as a limitation on the determination of similar goods or services.
Paragraph 6 of Article 19 of the prevailing Trademark Act also stipulates that the determination of similar goods or services is not restricted by the classification of goods or services specified in the preceding Paragraph.