Matsu Famous sightseeing spot “Blue Tears” has been registered trademarks – Causing the Matsu people angry
Mazu Islands is attached to Taiwan, located in the north of the Taiwan Strait, facing the Minjiang River estuary, and separated from China only by an estuary about 9.25 km.
Matsu famous sightseeing spots “blue tears” these 3 words, was applied for a registered trademark, but also intended to sell it to 100,000 NTD, which caused the Matsu people angry. In response to this dispute, TIPO (the Ministry of Economic Affairs Intellectual Property Office) said that the case only registered in the classification of tea, cakes and other food, not used in tourism services, for the description of attractions will not be affected.
TIPO said that the trademark is registered in the 30th categories for tea, tea, ice, ice cream, edible ice, ice popcorn, ice cream, ice cream, smoothies, ice cream, pastry, pastry, dessert , Taro round and associate commodities, not used in tourism services. Therefore, if the “blue tears” is used for the description of the attractions rather than the brand, will not be affected.
In accordance with the provisions of Article 36 of the Trademark Law, “to name, name, or the name, shape, quality, nature, character, use, place of origin or other relevant goods of the goods or services in good faith, The description of the service itself, rather than a trademark user “, then it will not be bounded by the validity of the trademark rights of others.
In addition, TIPO said that if the words “blue tears” remain not practical use over three years, then anybody can make an abolishment. On the other hand, if there are specific documents to show that “blue tears” as a trademark will cause the product origin misleading or mistaken, then it can also be abolished, but need to further collect evidence.