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In practice, there are controversies over whether use of a company
name in part, rather than in whole, is an indication of the company name or trademark
use.
In its Civil Judgment dated 3 December 2008, the
Intellectual Property
Courtpoints out that a company name aims to indicate the organization and type of the
company and to serve as an identifier for the business entity.Such use differs in concept from the use in connection with the goods or
services offered by the company under its business scope.The indication of part of the company name beside product pictures on the
upper left of the company's website is deemed merely the indication of the company
name.Such use is not deemed the use
of part of that company name on any goods or services or any relevant articles or
media for marketing purposes, to enable relevant consumers to recognize that part
of the company name as a trademark.
In consequence, such use is not deemed trademark use under the Trademark Act or
the Fair Trade Act.
