In its appellate decision No. 10306105320, dated May 23, 2014, the Ministry of Economic Affairs opined that although the rejected trademark “marie rush-lash and flower design” designated for “cosmetics, skin care preparations, etc.” is similar to the prior-registered trademark “Marie & 瑪花” designated for “beauty care, make-up application services, skin care services, etc.”, the similarity determination does not apply to the mark at issue when it is designated for “air fragrance preparations”.  During the examination process the Intellectual Property Office (“TIPO”) erred in failing to inform the applicant in the pre-rejection notification that the applicant could register the trademark “marie rush-lash and flower design” on dissimilar goods by removing the designation for similar goods or dividing the original trademark application into separate applications in order to obtain registration.