On July 28, 2022, Taiwan’s IP Office (“TIPO”) ruled in favor of The Coca-Cola Company, finding that the registration of trademark no. 02097396 may cause confusion with the beverage giant’s famous trademark “Coca-Cola” (Reg. No. 00425275, see below).
The application of the contested trademark (see below) was filed on March 17, 2020, and was granted on November 1, 2020. The contested trademark was applied for use in goods in class 24, mainly including blankets, sheets, bed covers, mattress, quilts, towels, etc. Coco-Cola filed opposition on January 29, 2021, citing violations of Article 30.1.10 and 30.1.11 of Trademark Law.
In its determination, TIPO sided with Coca-Cola, finding “Cocoella” is confusingly similar with “Coco-Cola”:
1.
First,
TIPO notes that Coca-Cola’s cited trademark is designated for use in products including
cotton, silk, and wool blankets, which are also used for covering while one
sleeps. The nature, function, and purpose of these products are similar with those
of goods in which the contested trademark is applied for use. Hence, “Cocoella”
and “Coca-Cola” are designated for use in similar goods.
2.
As
to the similarity between “Cocoella” and “Coca-Cola”, TIPO is of the view that
while there are additional decorative elements, such as the crown and stars,
presented in the contested trademark, the letters still constitute the dominant
portion of the trademark. When comparing “Cocoella” against “Coca-Cola” as a whole,
there is only slight difference in the word style and font size. Plus, the products
in which the two trademarks are applied for use are not high-priced products,
which normally would attract consumers’ high level of attention. When consumers’
level of attention is not high, TIPO opines they may not be able to discern such
slight difference between “Cocoella” and “Coca-Cola”. Thus, “Cocoella” should
be similar with “Coca-Cola”.
3. When evaluating the strength of the trademark, TIPO finds “Coca-Cola” is not only famous in the field of carbonated drinks, but also has been put in use on diverse merchandise, including pillow, umbrella, socks, hats, key rings, etc. Therefore, “Coca-Cola” is obviously more famous and distinctive than “Cocoella”. Consumers are more familiar with “Coca-Cola” than “Cocoella”.
In
view of the similarity between “Cocoella” and “Coca-Cola”; the fact that “Cocoella”
is applied for use in goods that are similar with products in which “Coca-Cola”
is applied for use; consumers’ high familiarity with “Coca-Cola”; and the diversity
of Coca-Cola’s products; TIPO concludes that the registration of “Cocoella” may
cause confusion with “Coca-Cola”. As a result, the contested trademark is
cancelled accordingly.
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