The IP Court reversed and remanded TIPO’s decision rejecting the application for registration of the “Click here to view image. ” 3D mark filed by KOSE CORPORATION.
TIPO rejected the application for registration of the “Click here to view image.” 3D mark designated on products of Class 3, i.e., cosmetics, perfume, etc., filed by KOSE CORPORATION (“KOSE”), by reason that the subject mark lacked distinctiveness. On appeal, IP Court held that the design of the subject mark consisted of specific colors and unique 3D structure which were sufficient for consumers to recognize the source of KOSE’s products. Further, the Court found that the relevant promotional materials, media reports, consumers review articles and the market survey submitted by KOSE were sufficient to demonstrate high secondary distinctiveness of the subject mark. The IP Court reversed TIPO’s decision and remanded the matter to TIPO.