On March 16, 2020, LOUIS VUITTON MALLETIER (“LV”) filed opposition against No. 02029260 trademark (as shown below) before Taiwan’s IP Office (“TIPO”), requesting the opposed trademark be cancelled due to likelihood of confusion caused by similarity with LV’s famous “Louis Vuitton” trademark.
The registrant of the opposed trademark argued that the opposed trademark would not be confused with LV's trademark because the opposed trademark is used in different products, such as furniture covers, cushion covers, chair cushion, quilts, sheets, etc. Besides, the opposed trademark contains stylized letters and thus should not be similar with "Louis Vuitton".
TIPO found in favor of LV on September 18, 2020, ruling that the opposed trademark should be cancelled:
1.
TIPO’s
determination is mainly based on Article 30.1.11 of Trademark Law, which
provides that “A mark should be cancelled if such mark is identical with or
similar to another person’s well-known trademark, and hence there exists a
likelihood of confusion on the relevant public or a likelihood of dilution of
the distinctiveness or reputation of the said well-known trademark.”
2.
TIPO
first found that LV’s registered “Louis Vuitton” has become well-known in
Taiwan. TIPO’s finding is based on records of LV’s trademark registrations,
supporting determinations by other Taiwan’s courts, and media coverages such as
ELLE, Marie Claire, GQ, and Brand magazines. As such, TIPO is convinced that
prior to the filing of the opposed trademark on May 29, 2019, LV’s “Louis
Vuitton” has become well-known in Taiwan, particularly in the fields of
handbags, jewelry, accessories, watches, etc.
3.
Additionally,
“Louis Vuitton” is the name of LV’s founder, and has become highly distinctive
due to LV’s ongoing and profound use and marketing around the globe.
4. With regard to similarity, although the opposed trademark is not exactly the same as LV’s “Louis Vuitton”, TIPO found the word “VITTON” presented in the opposed trademark is similar with the word “Vuitton” in LV’s famous trademark (see below). While there are Chinese characters “葳登” also presented in the opposed trademark, TIPO found the pronunciation of “葳登” in Chinese, which sound like “Wei Dun”, is similar with the pronunciation of “VITTON”. Thus, when being viewed in its entirety, TIPO posited that consumers may find the opposed trademark similar with “Louis Vuitton”.
5. Further, TIPO noted that LV has also registered trademarks (e.g., Reg. No. 00405224 and 00961226) that are designated for use in a variety of goods, including products that the opposed trademark is also applied for use, such as chair cushions. Thus, it is likely that LV may use "Louis Vuitton" on similar or associated products.
In
sum, considering “Louis Vuitton” is well-known, the opposed trademark is
similar with “Louis Vuitton”, LV’s trademark is used on a variety kinds of
goods, and the goods that the opposed trademark is applied for use are
similar or associated with goods designated by “Louis Vuitton”, TIPO found the opposed
trademark should be cancelled in accordance with Article 30.1.11 of Trademark
Law.
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