Beer brand "CORONA" prevailed in trademark opposition against "CONAS"

 CERVECERIA MODELO DE MEXICO,S. DE R.L. DE C.V. (“CERVECERIA”), the registrant of “CORONA” trademarks (Reg. No. 01406009, 01406007, 01293268, and 01293266, see below) in Taiwan, filed opposition against CONA'S CO., LTD (“CONA”) on June 30, 2020, alleging that registration of CONA’s trademark shall be cancelled.

 

The contested trademark, “CONAS” (Reg. No. 02050781, see below), was filed on August 12, 2019, and granted on April 1, 2020. “CONAS” was applied for use in goods under class 32, including drinks such as soda water, beer, juice, mineral water, non-alcohol drinks, fruit vinegar drink, etc.

 On July 28, 2021, Taiwan’s IP Office (“TIPO”) ruled in CERVECERIA’s favor, finding registration of “CONAS” violates Article 30.1.10 of Trademark Law:

 

1.      Article 30.1.10 of Trademark Law provides that a mark shall not be registered if such a mark: 1) is identical with or similar to another person’s registered trademark or earlier filed trademark, and 2) 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 3) hence there exists a likelihood of confusion on relevant consumers.

2.      TIPO finds “CONAS” similar with CERVECERIA’s asserted “CORONA” trademarks, because both trademarks start with “CO” and, in general, end with “NA”, with minor difference of style and spelling. Besides, TIPO notes that the font of the contested trademark is also similar with that of CERVECERIA’s asserted “CORONA” trademarks. Accordingly, TIPO determines the contested trademark is visually and verbally similar with the asserted “CORONA” trademarks.

3.      As to the designated goods, TIPO opines that “CONAS” is also designated for use in beer, which is the same product designated by the asserted “CORONA” trademarks. Thus, TIPO finds the contested trademark is applied for use in the same products.

4.      TIPO further notes that while “CORONA” carries the meaning of “crown”, it is distinctive when being used for drink product. Meanwhile, there are sufficient records showing the asserted “CORONA” trademarks have been well-recognized among the relevant consumers through the promotion and marketing of the “CORONA” beverage products. However, TIPO finds there is little evidence showing the use of “CONAS” in its designated goods. Thus, TIPO concludes that consumers are more familiar with the asserted “CORONA” trademarks.

 

In view of the above, since “CONAS” is similar with “CORONA”, is designated for use in same kind of product, and there is no evidence of trademark use that could prove consumers are more familiar with “CONAS”, TIPO determines that registration of “CONAS” might cause confusion among the relevant public, and rules that the contested trademark shall be cancelled in view of Article 30.1.10 of Trademark Law.

 

 

Source:

https://twtmsearch.tipo.gov.tw/OS0/OS0401_SCN3.jsp?issueNo=XpJ13RyT4YjhFeU0wZU1nMzYxd2FZUXVZV0NxZz09&l6=zh_TW&isReadBulletinen_US=&isReadBulletinzh_TW=true