商標案例解析-春源商標

系爭商標為「春源鋼鐵CHUNYUAN STEEL及圖」所構成,而據以核駁為「春元CHUN YUAN 及圖」商標,二者商標之構圖意匠不同,外觀上予消費者之視覺感受不同。

外文部分均為中文「春源鋼鐵」、「春元」之英譯,而中文部分之「春源鋼鐵」、「春元」則有字數及字義之不同,於實際交易唱呼之際,並非完全相同,且「源」字有水流的出處、由來之意,「元」字則有開始的、基本的意思,就讀音及觀念上亦非全然無法區辨。雖二者商標均有發音相同之中文「春源」、「春元」及外文「CHUN YUAN 」,然二者商標在整體外觀、觀念及讀音上仍有上述之不同,就整體印象而言,引起相關消費者誤認的可能性不高,是系爭商標與據以核駁商標之整體觀察,應屬近似程度不高之商標;

判斷商標近似,應以商標圖樣整體為觀察,因商標呈現在商品或服務之消費者眼前的是整體圖樣,而非割裂為各部分分別呈現。系爭商標之粗體黑色中文「春源鋼鐵」予人強烈之視覺印象,並足以表示系爭商標之來源,其中「鋼鐵」二字雖為說明性文字,惟系爭商標之「春源鋼鐵」以相同字形及大小並列為單一標語,自不宜再將其割裂而取其中之「春源」字詞為比對,且系爭商標橫列並排「春源鋼鐵」、「CHUN YUANSTEEL 」,相較於據以核駁商標反白「春」字右下方交疊「元」字及左下方上下並排「CHUN」、「YUAN」之文字呈現,在整體構圖意匠上顯有不同,被告以二者商標有讀音相同之「春源」、「春元」,相同之外文「CHUN YUAN 」及圓形彩色設計,認二者商標高度近似,忽略二者商標在整體外觀、觀念及讀音上仍有前揭不同之處,有違商標圖樣整體觀察原則;

衡酌系爭商標與據以核駁商標圖樣雖指定使用之服務同一或高度類似,惟二者商標近似程度不高,均具相當識別性,相關消費者施以普通注意,異時異地隔離觀察,應可區辨二商標為不同來源,不致誤認二商標之使用人間有關係企業、授權關係、加盟關係或其他類似關係,而無商標法第30條第1 項第10款本文規定之適用。

相關判決: 智慧財產法院105年度行商訴字第141號行政判決

50 關於 “商標案例解析-春源商標” 的評論

  1. Nice blog here! Additionally your web site lots up very fast!
    What web host are you the usage of? Can I get your associate link in your host?
    I desire my web site loaded up as fast as yours lol

  2. It’s the best time to make some plans for the future and it’s time to be happy.
    I’ve read this post and if I could I want to suggest you few interesting things or suggestions.
    Perhaps you can write next articles referring
    to this article. I wish to read more things about it!

  3. Hello there, just became alert to your blog through Google, and
    found that it’s really informative. I’m going to watch out
    for brussels. I will appreciate if you continue this in future.
    Lots of people will be benefited from your writing.
    Cheers!

  4. Woah! I’m really digging the template/theme of this site. It’s simple, yet
    effective. A lot of times it’s hard to get that “perfect balance" between usability
    and visual appearance. I must say you’ve done a very good job with this.
    Also, the blog loads very fast for me on Opera.
    Excellent Blog!

  5. Woah! I’m really digging the template/theme of this website.
    It’s simple, yet effective. A lot of times it’s very difficult to get
    that “perfect balance" between superb usability and appearance.
    I must say that you’ve done a awesome job with this.
    Additionally, the blog loads very quick for me on Firefox.
    Outstanding Blog!

  6. Write more, thats all I have to say. Literally, it seems as though you relied on the video to
    make your point. You obviously know what youre talking about, why throw
    away your intelligence on just posting videos to your weblog
    when you could be giving us something enlightening to read?

  7. I have been surfing online more than three hours today, yet I never found any interesting article like yours.
    It’s pretty worth enough for me. Personally,
    if all web owners and bloggers made good content as you did, the
    web will be much more useful than ever before.

  8. I have been surfing online more than three hours
    today, yet I never found any interesting article like yours.

    It’s pretty worth enough for me. In my view, if all
    web owners and bloggers made good content as you did,
    the web will be much more useful than ever before.

  9. Hello just wanted to give you a quick heads up. The words in your post seem to be
    running off the screen in Safari. I’m not sure if this is a formatting issue or something to do with
    web browser compatibility but I thought I’d post to let you know.
    The style and design look great though! Hope you get the problem resolved soon. Kudos

  10. I’ve been browsing online more than 3 hours these days, but
    I by no means found any interesting article like
    yours. It’s lovely worth sufficient for me.
    In my view, if all webmasters and bloggers made good content
    as you probably did, the web can be a lot more helpful than ever before.

  11. It’s the best time to make a few plans for the longer term and it’s time to be happy.
    I’ve learn this post and if I may just I wish to recommend you few attention-grabbing things or tips.
    Maybe you could write next articles regarding this article.
    I wish to read even more issues approximately it!

  12. I’ve been surfing online more than 3 hours today, yet I never found any interesting article like yours.

    It is pretty worth enough for me. In my opinion, if all site owners and bloggers made
    good content as you did, the internet will be a lot more useful than ever before.

  13. Hey there would you mind sharing which blog platform you’re using?
    I’m going to start my own blog in the near future but I’m
    having a hard time deciding between BlogEngine/Wordpress/B2evolution and
    Drupal. The reason I ask is because your design seems different then most blogs and
    I’m looking for something completely unique.
    P.S My apologies for getting off-topic but I had to ask!

  14. Hi would you mind sharing which blog platform you’re working with?

    I’m looking to start my own blog soon but I’m having a hard time selecting between BlogEngine/Wordpress/B2evolution and Drupal.
    The reason I ask is because your layout seems different then most blogs and I’m looking for something completely unique.
    P.S My apologies for getting off-topic but I had to ask!

  15. I’ve been surfing online more than 3 hours today, yet I never found any interesting article like yours.
    It’s pretty worth enough for me. Personally, if all site owners and bloggers made good content as you did, the web will
    be a lot more useful than ever before.

  16. I have been surfing online more than 4 hours today, yet I never found any interesting
    article like yours. It is pretty worth enough for me.
    In my view, if all webmasters and bloggers made good content as you did,
    the internet will be much more useful than ever before.

  17. It is appropriate time to make some plans for the future and it’s time to be happy.
    I’ve read this post and if I could I want to suggest you few interesting things or advice.
    Maybe you can write next articles referring to this article.

    I desire to read more things about it!

  18. I have been browsing online more than 3 hours today, yet I never discovered any attention-grabbing article like yours.
    It’s beautiful price sufficient for me. In my view, if all webmasters and
    bloggers made excellent content material as you did,
    the web will be much more useful than ever before.

  19. I have been surfing online more than 3 hours as of late, but I never
    discovered any attention-grabbing article like yours.
    It is beautiful price enough for me. In my opinion, if
    all website owners and bloggers made just right content as you did,
    the net will be a lot more useful than ever before.

  20. I’ve been browsing online more than 4 hours today, yet I never found any
    interesting article like yours. It’s pretty worth enough for
    me. In my opinion, if all web owners and bloggers made good content as you did,
    the internet will be much more useful than ever before.

  21. It’s the best time to make some plans for the future and it is time to be happy.

    I have read this post and if I could I want to suggest you some interesting things or advice.
    Perhaps you can write next articles referring to this article.
    I wish to read more things about it!

  22. I’ll immediately grasp your rss feed as I can’t to find your e-mail subscription hyperlink
    or e-newsletter service. Do you’ve any?
    Please let me recognize so that I may subscribe. Thanks.

  23. It’s perfect time to make some plans for the future and it’s time to be
    happy. I have read this post and if I could I wish to suggest you some
    interesting things or tips. Perhaps you can write next
    articles referring to this article. I desire to read even more things about it!

  24. Hello there! This post could not be written any better! Looking at this article reminds me of my previous roommate!
    He continually kept talking about this. I will forward this post to him.

    Fairly certain he will have a very good read.
    Many thanks for sharing!

發表迴響

你的電子郵件位址並不會被公開。