If the point of view of the Executive Yuan that a difference of colour alone is sufficient to allow another party to register the same design trademark is adopted, the result would be that an' eag!s could be registered" in twenty colours by twenty different people and it would be not worthwhile to register a trademark, Moreover, Art 2 of the Trademark Law clearly say that devices which are identical similar cannot be registered without making specific. reference to the colour. Therefore when comparing trademarks one has to consider the tire device to arrive at a conch sion whether trademarks are sunil "Reason:='The register acquires the right of exclusive use of the trademark on the goods designated from the date of registration. This is expressly provided for in Art. 14 the Trademark Law. Therefore from afler acquisition of the right of exclusive use, another party fs_not allowed, to apply for registration of trade mark which is Identical or Similar as a trademark for the same goods, which is the natural -inter~ relation of Art. 2 of the said law. Whether the trademarks are similar has to be adjudged from the separate observation by generalizing the whole one as to whether there is the danse: of confounding. This Is also the "The Executive Yuan, however, adopts the unreasonable rule that difference in colour \s sume lent. te make two trademarks dissimilar. which is entirely wrong even accor jing to the provisions of the Trad~ mark Taw. The decision of the Executive Yuan brings in a new point as to the size of the labels which has never heretofore been {aken Into consideration by any one of the previous decisions in this case. Us decision stated in the next paragraph that the original label of the China Import, Export and Bank Ca. at the time of applying for register tion "was bigger than the Lion and, Sun Trademark practically used by: one third, "In the Trademark Law, there no provision that the size of the trademark must be designated. Now, the Executive Yuan expects that every trademark must be registered every possible size which Is something impossible as" anyone will clearly understand. Such decision therefore entirely wrong also in this point. In short, the two trademarks of the plaintifis and the Sung Ming Factory are both lion, sun, sun ray2, mountain and tree, which are. ni turally the principal features remembered by the buyer.
"That the Sung Ming Factory Intentionally adopted their trademark clearly proved if the present pack-ug of both parties are compared. The intended piracy is obvious. The decision of the Administrative Yuan can quite hardly be said to be justi-ted. 'Therefore' the plaintiffs pray, that the decision of the Administ tive Yuan be cancelled and the approved trade mark No. 9316 be ordered cancelled.
Text read from the printed page and cleaned; old type leaves the occasional error.