AMAZON TECHNOLOGIES, INC. (“Amazon”), the registrant of trademarks “ECHO” in Taiwan (Reg. No. 01661579 and No. 01966088, see below), filed opposition against “ECGO” (Reg. No. 01973518, also see below) on May 30, 2019, citing violations of Article 30.1.10, 30.1.11, and 30.1.12 of Trademark Act.
Taiwan’s IP Office (“TIPO”) sided with Amazon on October 30, 2020, finding “ECGO” subject to Article 30.1.10 of Trademark Act:
1. Article
30.1.10 of Trademark Act provides that a mark shall not be registered if such
mark 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.
2. With regard to similarity,
the opposed trademark is composed of “E”, “C”, “G”, and “O”, while Amazon’s
opposing trademarks are composed of “E”, “C”, “H”, and “O”. Thus, the overall
visual and pronunciation of the opposed trademark and Amazon’s opposing trademarks
are quite similar, with minor difference in that the third letter used in
“ECGO” is “G”, while the third letter used in Amazon’s “ECHO” is “H”. Thus, the
degree of similarity should be at least medium.
3. TIPO noted that the opposed
“ECGO” trademark is applied for use in goods including “batteries, alarms,
battery chargers, charging station devices for electric vehicles, batteries for
vehicles, automatic low-voltage indicators for vehicle tires, computer
software; downloadable computer application software, downloadable computer
programs, and navigation devices for vehicles”. On the other hand, Amazon’s “ECHO”
trademarks are used in goods such as “global positioning satellite signal
receiver, wireless electronic signal receiver, wireless electronic signal
transmitter, speedometer, compass, temperature measuring device, distance
measuring device, measuring device, calorie measuring device, vibration alarm, satellite
navigation device", and "switch, magnetic data carriers and recording
disks for smart interactive speakers, data processing equipment, computers, and
computer software”. TIPO noted that the products designated by Amazon’s “ECHO”
are usually used in conjunction with the products designated by the opposed
“ECGO” (for example, ECGO’s battery charger and Amazon’s computer and measuring
device). Thus, TIPO found the products designated by “ECGO” are associated with
those designated by Amazon’s “ECHO”.
4. “ECHO” usually refers to
repetition of sound due to reflection of sound wave, which is not related to
the nature or function of products designated by Amazon’s opposing trademarks.
Therefore, TIPO found “ECHO” highly distinctive.
5. As to use of trademark, based on voluminous news coverage and marketing materials submitted by Amazon, TIPO found that since 2014, Amazon has been using its opposing trademarks in providing its smart speaker and relevant services. However, the registrant of “ECGO” provided no supporting evidence showing its use of “ECGO”. Hence, TIPO is convinced that the relevant consumers are more familiar with Amazon’s “ECHO”.
In view of the above, given that there is medium degree of similarity, that the designated products of the opposed trademark are associated with those of Amazon’s “ECHO” trademarks, and that Amazon’s “ECHO” possesses high distinctiveness and is more recognizable among the relevant public, TIPO found there exists likelihood of confusion between “ECGO” and Amazon’s “ECHO”. As a result, the opposed “ECGO” trademark is cancelled.
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