When seeing the below trademark (Reg. No. 02022659), could you recognize the letters presented? (Hint: they are English alphabets.)
If you think they are “X” and “F”, then you are right!
But that’s also why on February 12, 2020, JAGUAR LAND ROVER LIMITED (“JAGUAR”), the multinational British automotive company, filed opposition against this logo before Taiwan’s IP Office (“TIPO”), alleging likelihood of confusion with JAGUAR’s registered “XF” trademark (Reg. No. 01258404, see below)
TIPO sided with JAGUAR on August 11, 2020, ruling that the opposed trademark violates Article 30.1.10 of Trademark Act, which provides that “A trademark shall not be registered if it is identical with or similar to another person’s registered trademark or earlier filed trademark and to be applied for goods or services identical with or similar to those for which the registered trademark is protected or the earlier filed trademark is designated, and hence there exists a likelihood of confusion on relevant consumers”.
On
similarity, TIPO noted that the opposed trademark is composed of English
alphabet “F” and three stylized dots. The three dots are arranged and
positioned in the upper-left, the middle, and the bottom-left in relation to
the alphabet “F”, and they are connected with “F” in a way that would also
generate the visual impression of “XF”. Thus, TIPO posited that there is medium
degree of similarity between the two trademarks.
As to the designated goods, the opposed trademark is designated for use in automobile and its parts, such as rearview mirror, sideview mirror, windshield, steering wheel, and rim, while JAGUAR’s “XF” trademark is applied for use in automobile, sports car, and RV. Therefore, TIPO posited that the two trademarks are designated for use in similar goods.
Meanwhile, TIPO noted that JAGUAR’s “XF” trademark has been put in use since 2008, and the car that features the “XF” trademark was introduced to Taiwan in 2014. Moreover, “XF” is highly distinctive because it is not related to the nature and function of the goods it is applied for use. On the other hand, TIPO noted that there is little evidence submitted to prove the use and consumer’s recognition of the opposed trademark. Hence, TIPO opined that the relevant consumers are more familiar with JAGUAR’s “XF”, which shall be awarded with greater weight when considering likelihood of confusion.
In conclusion, since the opposed trademark is similar with JAGUAR’s “XF” trademark, is applied for use in similar goods, and JAGUAR’s “XF” is distinctive and is more recognizable, TIPO ruled that the opposed trademark should be cancelled due to likelihood of confusion caused by its similarity with JAGUAR’s “XF”.
Source:
沒有留言:
張貼留言