‘Wulongyuan’ copyright remains despite trademark dispute, IP office says
By Liao Chia-ningand Esme Yeh / Staff reporter,with staff writer and CNA
Revoking the trademark of the comic series Wulongyuan (烏龍院) would not affect copyright, the Taiwan Intellectual Property Office said yesterday, adding that it could be appealed.
The series’ creator, Au Yao-hsing (敖幼祥), said he received a trademark revocation notification from the office on Saturday, even though he has paid trademark fees over the past decade.
Someone applied to the authority to revoke his trademark, claiming that he had not used it over the past three years, he said.
Comic artist Au Yao-hsing holds a poster featuring his comic series Wulongyuan in an undated photo.
Photo: Screen grab from Au’s Facebook account
The office said the revocation of the trademark numbered 02003530, “Wulongyuan and its pictures,” was filed by a third party.
The office notified both sides in written form in accordance with the Trademark Act (商標法), it said, adding that it would review evidence from both parties.
According to the act, anyone can apply for revocation of a registered trademark that, for no justifiable reason, has never been used or has been left unused for three years or more, it said.
The office confirmed that the Wulongyuan trademark remained in use in terms of hotel services, which is listed among Class 43 goods and services, the office said, adding that the trademark registration would not be revoked in this regard.
However, the registration would be revoked in accordance with the law regarding other services in Class 43, such as nursing home services, as well as tea, coffee and other beverages in Class 30, it said.
Trademark revocation would not be extended to all the rights of the trademark holder, the office said, adding that both parties can appeal.
Revoking a trademark would not affect a creator’s copyright, it said.
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