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22 February 2021
The intervenor filed an invalidation action against the trademark 約克夏茶YORK SHIRETEA and a device mark (Registration 158031) in respect of services in Class 42 for a violation of Articles 30-1(8) and 30-1(11) of the Trademark Act. After examination, the defendant (ie, the IP Office) cancelled the trademark's registration. Dissatisfied, the plaintiff filed an administrative appeal with the Ministry of Economic Affairs, which was dismissed. The plaintiff then filed an administrative suit with the IP Court.
In its judgment (108-Xing-Shang-Su-Zi-109), the IP Court held as follows:
The judge held that the trademark should be subject to Article 30-1(8) of the Trademark Act and dismissed the plaintiff's suit.
The plaintiff appealed the IP court's judgment. After examination, the Supreme Administrative Court decided that the appeal was illegal and should be dismissed (Ruling 109-Cai-Zi-1384). The plaintiff then appealed for retrial. The Supreme Administrative Court held that the appeal of retrial was groundless and should be dismissed (Ruling 109-Zai-Zi-2).
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