case

Tanzania Corporation Wilmar Application in Tanzania will "Tiffany" The trademark is registered at No 3 Sum control 5 class. The application was filed by Tiffany & Co. , a global jewelry company (Tiffany & Company) opposition.

Well-known trademark

Tiffany claims to be a well-known trademark "Tiffany" owner, The trademark is in 160 National registration. Tiffany claims that its brand has used approximately 180 years, world-renowned.

Tiffany also points out, Wilmar the "Tiffany" The trademark application was violated "Fair competition law" "Paris convention" And the World Trade Organization "Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) " Relevant clauses of.

Wilmar response——regionalism

Wilmar Put forward regional propositions. It referred to the South African court vs Victoria's Secret v Edgars Stores Judgment of the case, The court said in its ruling: "Trademark is a purely regional concept; It shall have legal effect only in the territory in which it is used and registered. Therefore, "Trademark law" Trademark ownership in, Any actual or planned use is subject to taking place in South Africa. "

adjudication

Hearing officer (Deputy registrar) mentioned "Paris convention" On the international protection standards of well-known trademarks (TRIPS The first 6 Article 2) . The following factors are important:

－How much people know about the trademark;

－The duration and extent of trademark use;

－The duration and scope of any publicity associated with it;

－The number of registrations of the trademark worldwide; and

－The owner can demonstrate that it has done its best to defend the copycat and the value of the trademark.

World Intellectual Property Organization (WIPO) Joint resolution regulation 2 (2) Article provision, Relevant members of the public shall include:

－Goods with trademarks and (or) Service practical and (or) Potential consumer;

－Goods with trademarks and (or) The people involved in the distribution channel of the service; and

－Dealing in goods using the trademark and (or) To serve the business community.

Wilmar Acknowledge that the mark has been 160 National registration.

Whether trademarks that are well known in other jurisdictions are legally protected in Tanzania?

The hearing officer pointed out that, "Trademark law" The first 19 Article provision, The following content may not be registered: "Constitutive replication, Translation or imitation of a trademark or service mark, Logos are easily confused with trademarks or service marks and business or company names that are well known in the country and belong to third parties" .

The hearing officer explained this as follows: "Well known trademarks are those that are well known in Tanzania and not just internationally. " He went on: "No doubt, 'Tiffany' It is a well-known brand outside Tanzania. however, I didn't find much evidence for that 'Tiffany' The market segment in Tanzania is well known, Especially in the 3 Class sum control 5 Class of goods. "

The hearing officer concluded: "The regional standard test for trademark fame requires that the trademark be well known within Tanzania, It must be well known both at the time of application and at the time of determining registrability. "

result

Hearing officer: "I do not accept that the trademark owned by a dissident outside Tanzania is well known in Tanzania. "

Therefore, Tiffany failed in her objection, Wilmar In control 3 Class sum 5 quasi- "Tiffany" The application enters the registration phase. (Compiled from www. managingip. com)

translation: Rason group　proofread: Wang Dan



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