TIPS^®  Taiwan Intellectual Property Special

“University” Cannot Be Registered as Service Mark for Educational Advisory Services

The registrant, American Culture University, Inc., applied in 1995, to register “American Culture University & device” as a service mark, used in the services of “providing foreign university application services and relevant information, knowledge, or technology, and providing application or registration to educational services.” The registration was approved by the then competent authority of Trademark matters, the National Bureau of Standards, but the approval did not pass the ex offocio review for such a service mark may cause consumers’ confusion as to the nature of the registrant’s service.

After constant failure in appeals, the case finally reached the Supreme Administrative Court. The Supreme Administrative Court handed down a final decision, dismissing the Registrant’s appeal. The Court pointed in the opinion that “American Culture University, Inc.” was a corporation incorporated under California laws. Despite being a private post-secondary educational institution approved by the California Bureau of Private Postsecondary and Vocational Education, it is not a university recognized by the American Council on Education, and has never applied for or approved to granting degrees. Thus, it is not a “university” in the common sense of the public in Taiwan. By including “American Culture University” in the service mark device, designating use in educational advisory services, it is likely to mislead the consumers to believe the services were provided by a “university,” instead of a corporation, and, therefore, cause consumer confusion as to the nature and quality of the services. The registrant’s appeal was accordingly dismissed.