Huawei’s Trademark Application For “EasyFit” was denied by Taiwan’s IP Office

On October 12, 2020, Taiwan’s IP Office (“TIPO”) found “EasyFit” not distinctive, and thus denied trademark application filed by HUAWEI TECHNOLOGIES CO., LTD. (“Huawei”).

Huawei’s application for “EasyFit” was filed on February 27, 2020, designated for use in watch straps, straps, leather watch straps, strap buckles, metal, leather or plastic straps, sports watches, diving watches, outdoor watches, etc. The issue is whether such application is subject to Article 29.1.1, which provides that: “A trademark shall not be registered if it is……(1) consisting exclusively of a description of the quality, intended purpose, material, place of origin, or relevant characteristics of the designated goods or services.

Here, although Huawei’s “EasyFit” consists of “Easy” and “Fit”, TIPO found such combination does not provide any new or different meaning beyond the two words “easy” and “fit”. If a mark merely consists of descriptive words and does not change the words original meanings, TIPO posits that such mark in general would still be descriptive and not distinctive.

In view of the above, when seeing “EasyFit”, based on the ordinary understanding of English, TIPO held that consumers would perceive such mark means “easy to fit”. Accordingly, when “EasyFit” is used in goods such as watch straps and strap buckles, consumers would figure it means these products are “easy to fit”, which is description of the nature or function of the designated products, rather than the source or origin of the products.

Based on Article 29.1.1 of Trademark Act, TIPO denied Huawei’s application for “EasyFit.”

 

Source: https://twtmsearch.tipo.gov.tw/OS0/OS0401_SCN3.jsp?issueNo=XpJ13RyT4TGFVWCtmaGxNM1UwanBUR3FwQ2FoZz09&l6=zh_TW&isReadBulletinen_US=&isReadBulletinzh_TW=true