經通國際智慧產權事務所

An application filed by TAIYEN BIOTECH CO., LTD. (TAIYAN) to register the trademark, “NATTO MASTER”, for “nutritional supplements” under class 5 was rejected for registration by the TIPO. The appeal filed by TAIYAN to the Intellectual Property Court (IPC) was, again, rejected in support of the original Decision of the TIPO. The IPC agreed with the TIPO that the trademark, “NATTO MASTER”, lacks distinctiveness, and therefore, cannot be granted with registration.

On August 27 2007, TAIYAN filed a trademark application for “NATTO MASTER” (“” and “” are “natto” and “master” in Chinese), designating “nutritional supplements” under class 5. After examination, the TIPO found that the general impression of the trademark closely resembles a phrase to describe someone who is highly skilled in the production or promotion of natto. Therefore, the general consumers will not be able to relate the trademark to the actual products, or distinguish products from different sources.

Following the rejection, TAIYAN filed an appeal to the IPC, arguing that natto is not only a frequently seen fermented provision in Japan, but also a popular health food in Taiwan. Many applications containing the words “NATTO” and designating “nutritional and health food” have been approved for registration. There are also countless trademark registrations bearing the words “MASTER”. Consequently, TAIYAN requested the IPC to overrule the Rejection and approve its application for registration.

The IPC’s verdict, however, was to maintain the original decision by the IPO to reject TAIYAN’s application. The verdict pointed to the fact that the word “Master” is usually adopted by the general consumers to praise someone who is highly skilled in a specific art. Therefore, when combined with the word “NATTO” and designating “nutritional supplements” under class 5, the trademark lacks distinctiveness, and the general consumers will not be able to relate the trademark to the actual products or distinguish products from different sources. Consequently, TAIYAN’s application is rejected for registration.

Organized and translated by Akina Pan

International Affairs