On August 3, 2022, the Petition and Appeal Committee of Ministry of Economic Affair (“Appeal Committee”) entered decision in favor of GIORGIO ARMANI, finding there might be confusion with its “AJ” trademarks (Reg. No. 01766270 and 01768516, see below) due to registration of QMI INDUSTRIAL CO., LTD.’s (“QMI”) contested trademark.
QMI’s contested trademark, no. 02124952 (see below), was filed on September 17, 2020 and granted on March 1, 2021, designated for use in goods under class 25, such as suits, skirts, shorts, coats, capes, trousers, T-shirts, headbands, headscarves, neck scarves, hats, dress gloves, etc. GIORGIO ARMANI filed opposition on June 1, 2021, citing violation of Article 30.1.10 of Trademark Act.
In its determination, the Appeal Committee sides with GIORGIO ARMANI and holds the view that although there are other decorative elements presented in QMI’s contested trademark, such features are drawings and would be less likely to be distinctive from the perspective of ordinary consumers. As a result, consumers would still view “AJ” as the dominant portion of QMI’s trademark. Similarly, while there are additional artistic elements like arrows and icon of eagle embedded in GIORGIO ARMANI’s cited trademarks, the letters “AJ” still constitute the dominant portion and would be used by consumers to identify the source of the goods and services. Thus, the Appeal Committee opines QMI’s contested trademark is similar with GIORGIO ARMANI’s cited trademarks. TIPO’s determination finding there is merely low degree of similarity is erroneous.
Given that there is considerable similarity
between QMI’s contested trademark and GIORGIO ARMANI’s cited trademarks, that both
QMI’s and GIORGIO ARMANI’s trademarks are applied for use in similar apparel
and clothing products, and that GIORGIO ARMANI’s trademarks are distinctive,
the Appeal Committee vacated TIPO’s decision and remanded the case back to TIPO.
Source:
Appeal Committee’s determination:
TIPO’s determination:
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