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Facts The intervenor filed an invalidation action against the trademark 約克夏茶YORK SHIRETEA and a device mark (Registration 158031) in respect of services in Class 42 for a violation of Articles 30-1(8) and 30-1(11) of the Trademark Act. After examination, the defendant (ie, the IP Office) cancelled the trademark s registration. Dissatisfied, the plaintiff filed an administrative appeal with the Ministry of Economic Affairs, which was dismissed. The plaintiff then filed an administrative suit with the IP Court. Decision In its judgment (108-Xing-Shang-Su-Zi-109), the IP Court held as follows: The main distinctive elements of the trademark were the English words York shire and the Chinese characters 約克夏. The English words were combined with the word tea and the Chinese characters 約克夏 were combined with the character 茶. The mark gave the impression that the Chinese term was a translation of the English term and vice versa.

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