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DISPLAYING MOTORCYCLE BRAND NOT "USE" OF SERVICE MARKS
Car or motorcycle dealer or repair workshops generally display various car or motorcycle brand marks on their signboards. Whether dis-playing brand marks in this way without au-thorization constitutes infringement upon trademarks or service marks has been a matter of great dispute in practice. In a recent ruling, the Supreme Court took the view that such display does not necessarily constitute "use" of a service mark.
The Court noted in its judgment that the National Bureau of Standards, Ministry of Economic Af-fairs (now the Intellectual Property Office) had stated in an interpretation dated 22 March 1985 that under the Trademark Law, a service mark was a mark used to distinguish the services pro-vided by one's own business, whereby persons wishing to use services may distinguish a service provider and his quality and reputation. But when motorcycle dealers in general displayed brand marks, whether from the subjective inten-tion of those displaying the marks or the objec-tive understanding of persons in general who wished to use services, such marks were merely an indication of a type of service or item of repair, and were not intended to distinguish the service provider and his quality and commercial reputa-tion. Therefore, such display could not be said to constitute "use" of service marks.
The Court did not entirely accept the view of the National Bureau of Standards, but held instead that the question (be it in terms of subjective intent or of the objective understanding of per-sons wishing to use services) of whether dis-playing a signboard showing a brand mark con-stitutes merely an indication of a service or repair item, or amounts to use of the mark to distinguish a service provider and its quality and reputation, must be determined according to the specific facts of the case.
It is also a common practice of businesses such as photographic studios and department stores to display various brand marks in their product catalogues, on signboards, and on in-store dis-plays. From the above ruling of the Court, it appears that one will have to wait for judgments in individual cases to know whether the courts will regard such display, when unauthorized, as merely an indication of the goods supplied, or as use of trademarks.