Examiner:
“The letters” Taj Mahal “represent a famous tomb in India.
The consumer recognizes that it is goods manufactured or sold in Taj Mahal and the surrounding area”.
It merely indicates the place of production or sale of the goods in a commonly used manner.
Judgment of the trial (judgment of 3 judges):
By ex officio investigation, the fact that “Taj Mahal” is generally used in business cannot be found as the place of production or sale of haursia which is a kind of succulent plant.
It was not possible to find the circumstances that the consumer should recognize it as the expression of the product area, sales place, etc.
It cannot be judged that it indicates the place of production of the goods, the place of sale, etc., nor can it be judged that there is a possibility of misidentification of the quality of the goods.
Appln.No. 2016-143567(T2016-143567)
Appeal No. 2018-8340
Comment:
A trademark representing a famous tourist destination such as “Taj Mahal” is registered OK! under some conditions.
