經通國際智慧產權事務所

Speaking of diamonds, people would think of the “A Diamond is Forever” slogan. The slogan is coined and advertised by the English company De Beers who even registers this commercial line as a trademark. However, the Taipei County Jewelers’ Associations strongly oppose to the registration of the slogan so they file an appeal to the supreme administrative court to against it. Nevertheless, the court rejects the appeal so the slogan of DE Beers Inc. has been approved for registration and become a special trademark.

The trademark opposition dispute in connection with the diamonds of DE Beers arises mainly because the domestic jewelry dealers consider the Chinese translation of “A Diamond is Forever De Beers” different from the meaning of “diamonds last forever and can be passed on from generation to generation” in Chinese. Since the slogan is actually advertised by the domestic jewelry dealers, the use and registration of the slogan by De Beers Inc. would be considered as unreasonable and it also violates the Taiwan Trademark Law.

A recent adjudication made by the supreme administrative court indicates that the Chinese translation of “A Diamond is Forever De Beers” originates from the trademark “A DIAMOND IS FOREVER DE BEERS” registered in South Africa and Ireland.

The judge’s decision indicates that the Chinese translation of “A DIAMOND IS FOREVER DEBEERS” does not mean “diamonds last forever and can be passed on from generation to generation” in Chinese but the former company of De Beers, “Degence” from South Africa, has been using the slogan in their commercial in Taiwan early since October, 1990. They also filed a trademark application to the IPO for the slogan in March 1998.

The judge maintains that the combined use of “diamonds last forever and can be passed on from generation to generation” in Chinese with English “De Beers” by the foreign company has made the slogan distinctive which helps general consumers to identify the source easily. Therefore, the judge decides that the slogan can be registered by De Beers and rejects the appeal filed by the domestic jewelry dealers.

(from Ettoday 2007)

translated by Michelle Lo

International Affairs