On February 13, 2020, Unilever IP Holdings B.V. (“Unilever”), the registrant of trademarks for the popular personal care brand “DOVE” (Reg. No. 01028508, 01021583, see below), filed trademark opposition against Van Xuan FMCG Investment Company Limited (“Van Xuan”), alleging that Van Xuan’s registered trademark would cause confusion with Unilever’s iconic trademarks.
Van Xuan’s trademark (Reg. No. 02021779, see below), was filed on March 18, 2019, and granted on November 16, 2019, designated for use in goods under class 3, including cosmetics, nail polish, fragrance, whitening cream, etc.
Taiwan’s IP Office (“TIPO”) found for Unilever on August 10, 2021, determining that the registration of Van Xuan’s trademark violated 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 a mark is “identical with or similar to another person’s registered trademark and to be applied for goods or services identical with or similar to those for which the registered trademark is protected, and hence there exists a likelihood of confusion on the relevant consumers.”
2. TIPO first finds the opposed trademark features a silhouette drawing of bird, which is similar to Unilever’s registered bird logo for its “DOVE” brand. While Van Xuan’s trademark provides more detailed description on the wings and claws of the bird, TIPO is of the view that such differences are minor, and could not help consumers with ordinary degree of care to distinguish Van Xuan’s trademark from Unilever’s. Therefore, Van Xuan’s trademark is found visually and conceptually similar with Unilever’s trademarks. The degree of similarity is high.
3. As to the designated use of goods, TIPO notes that Unilever’s trademarks are applied for use in goods like bath essence, shower gel, agents for shaving, body deodorant, hand soap, skin care, etc. These products, like those designated by Van Xuan’s opposed trademark, serve similar function for personal hygiene and personal care, and are usually sold through similar retail channels. As such, TIPO finds Van Xuan’s opposed trademark is applied for goods that are similar to those designated by Unilever’s trademarks.
4. TIPO further reasons that given Unilever’s trademarks are very distinctive, and have been put in use on various “DOVE” products like shower gel, shampoo, facial cleanser, etc., for a very long time, the relevant consumers are more familiar with Unilever’s iconic logos.
5. In view of the above, considering the similarity between Van Xuan’s and Unilever’s trademarks, the similarity between the goods designated by Van Xuan’s trademark and those by Unilever’s “DOVE” logo, and the fact that local consumers are more familiar with Unilever’s iconic trademarks, TIPO posits that the registration of Van Xuan’s trademark may cause confusion among the relevant consumers. Therefore, Van Xuan’s registered trademark shall be cancelled accordingly.
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