Taiwan Kolin Corporation, LTD., Petitioner v. Kolin Electronics Co. Inc.
Taiwan Kolin Corporation, LTD., Petitioner v. Kolin Electronics Co. Inc.
Taiwan Kolin Corporation, LTD., Petitioner v. Kolin Electronics Co. Inc.
Issue:
Whether or not petitioner is entitled to its trademark registration of “KOLIN” over its specific goods of television sets
and DVD players.
Ruling: The Supreme Court held that he petitioner’s trademark registration not only covers unrelated good, but is also
incapable of deceiving the ordinary intelligent buyer. The ordinary purchaser must be thought of as having, and
credited with, at least a modicum of intelligence to be able to see the differences between the two trademarks in
question.
On the arguments that both their goods belong to Class 9 of the NCL, the Supreme Court ruled that identical marks
may be registered for products from the same classification. The mere uniformity in categorization, by itself, does not
automatically preclude the registration of what appears to be an identical mark, if that be the case.
Moreover, the Supreme Court stated that the products covered by petitioner’s application and
respondent’s registration are unrelated. It agreed with the petitioner on the following:
Taiwan Kolin’s goods are classified as home appliances as opposed to Kolin Electronics’ goods which are
power supply and audio equipment accessories;ChanRoblesVirtualawlibrary
Taiwan Kolin’s television sets and DVD players perform distinct function and purpose from Kolin Electronics’
power supply and audio equipment; and
Taiwan Kolin sells and distributes its various home appliance products on wholesale and to accredited dealers,
whereas Kolin Electronics’ goods are sold and flow through electrical and hardware stores.