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"Water Skin" Splashed With Water.

2007/6/25 17:02:00 40479

The applicant, Sanlin Enterprise International Limited, applies for registration of "water skin WATERSKIN" trademark on third types of cosmetics and other commodities. It is rejected by the Trademark Office on the grounds that "the trademark directly indicates the raw materials and use objects of cosmetics and other characteristics" and applies for reexamination.

The Trademark Review and Adjudication Board shall accept it according to law.

The applicant thinks that the application of the trademark "water skin" is an abstract imagination of the applicant. In reality, there is no "water skin" substance, nor is it a raw material for declaring goods. It does not constitute a narrative of the specified trademark, and consumers will not associate it with the content and function of the product.

"Water skin" can only be regarded as a metaphor, which is permitted by the trademark law.

"Water skin WATERSKIN" has been registered in Taiwan.

The review of the Trademark Review and Adjudication Board indicated that the application of the trademark "water skin WATERSKIN" specified the use of "soap, cosmetics" and so on. "Water skin WATERSKIN" directly indicates the raw materials and objects of the commodity, and describes its functions and uses. It is used as a trademark of the commodity and does not have the notable characteristics and recognition function.

The Trademark Office has issued a review opinion, requiring the applicant to delete all the commodities except for "cleaning preparations, spices, dental preparations, animal cosmetics", and the applicant has not amended them as required.

Accordingly, the Trademark Review and Adjudication Board decided that the "water skin WATERSKIN" trademark registered by Sanlin Enterprise International Limited on third types of cosmetics and so on shall be rejected.

Wei

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