On September 2, 2019, Louis Vuitton Malletier (“LVM”), the trademark registrant of “LOCKIT” (Reg. No. 01578946, see below), filed opposition against “Lockists” (Reg. No. 01992587, also see below), alleging violation of Article 30.1.10 of Trademark Law. 
The application for “Lockists” was filed on October 19, 2018, designated for use in goods in Class 14, including products such as jewelry, key ring, key chain, metal artwork, bracelets, etc. Taiwan’s IP Office (“TIPO”) granted “Lockists” on June 16, 2019. LVM filed opposition against the registration of “Lockists”, contending such registration will cause confusion with its “LOCKIT” trademark.
On February 9, 2021, TIPO sided with LVM, and ruled that registration of “Lockists” shall be cancelled based on Article 30.1.10 of Trademark Law:
1. Article 30.1.10 of Trademark Act provides that a mark shall not be registered if such a mark is similar with a senior mark that is applied for use in similar goods or service, hence there exists likelihood of confusion among the relevant public.
2. In terms of similarity, TIPO found both “LOCKIT” and “Lockists” feature the same initial word “lock”, and consist of the same English letters “L”, ”O”, ”C”, ”K”, “I”, and “T”. Thus, consumers with ordinary degree of care would find “LOCKIT” and “Lockists” verbally and visually similar with each other.
3. As for the similarity of the designated goods, TIPO noted that LVM’s “LOCKIT” was also applied for use in Class 14, including products like jewelry, pearls, rings, earrings, necklaces, pendants, etc., which provide similar decorative function. As a result, TIPO determined that products designated by “Lockists” are similar with those designated by ”LOCKIT”.
4. With regard to distinctiveness and recognizability, TIPO posited that although “LOCKIT” may be perceived as “lock it”, it does not pertain to the nature or function of its designated products. Hence, TIPO opined that “LOCKIT” shall still be distinctive. In addition, based on the evidence of actual use, TIPO was convinced that in Taiwan consumers are more familiar with LVM’s “LOCKIT” trademark.
Given that “LOCKIT” is distinctive and more well-known, and that “Lockists” is similar with “LOCKIT” and applied for use in similar products, TIPO opined that registration of “Lockists” may cause confusion among the relevant public. Thus, “Lockists” was cancelled by TIPO in accordance with Article 30.1.10 of Trademark Law.
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