LOUIS VUITTON prevailed over “LOVISM & LVS” in trademark opposition

On September 16, 2021, LOUIS VUITTON MALLETIER (“LOUIS VUITTON”) filed opposition against HERMOSE BIOTECH CO., LTD. (“HERMOSE”), contending that trademark registered by HERMOSE would cause confusion with LOUIS VUITTON’s famous LV logo (Reg. No. 01922370 and 01587780, see below).

 

The contested trademark, “LOVISM & LVS” (Reg. No. 02149554, see below), was filed for registration on August 18, 2020, and granted on June 16, 2021. The contested trademark was applied for use in goods under class 3 and class 21, including skin care products, cosmetics, lotion, lipstick, sunscreen lotion, facial cleanser, fragrances, wrinkle creams (class 3); and cosmetic sets, and perfume sprayers (class 21).

 

LOUIS VUITTON alleged that the registration of “LOVISM & LVS” would cause confusion with its famous LV logos, thereby violating Article 30.1.10 of Trademark Act. On October 20, 2022, Taiwan’s IP Office (“TIPO”) agreed with LOUIS VUITTON, finding that:

 

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

2.      As both “LV” and “LOVISM & LVS” demonstrate similar combination of letters “L” and “V”, and “LVS” constitutes the major part of the contested “LOVISM & LVS” trademark, TIPO opines that HERMOSE’s contested trademark is visually and verbally similar with LOUIS VUITTON’s “LV” logo.

3.      As to the designated goods, TIPO notes that both HERMOSE’s contested trademark and LOUIS VUITTON’s “LV” are designated for use in cosmetics and fragrance products, which serve similar function and are normally considered to be related to each other. Therefore, the contested trademark is applied for use in similar goods.

4.      Further, LOUIS VUITTON has submitted sufficient records, such as advertising materials, media exposures, TIPO’s prior determinations, etc., showing that its “LV” logo is not only considered as well-known by TIPO, but has also been used and marketed profoundly in Taiwan. Therefore, TIPO posits that LOUIS VUITTON’s “LV” is highly distinctive, and that consumers are more familiar with LOUIS VUITTON’s “LV” logo.

 

In view of the similarity between “LV” and “LOVISM & LVS”, the fact that the contested trademark is applied for use in similar goods, and that “LV” is highly distinctive and consumers are more familiar with LOUIS VUITTON’s “LV” logo, TIPO determines that the contested trademark is confusingly similar with LOUIS VUITTON’s “LV” logo.

 

As a result, the contested trademark is canceled by TIPO accordingly.

 

Source: https://twtmsearch.tipo.gov.tw/OS0/OS0401_SCN3.jsp?issueNo=XpJ13RyT4WnBuMnBzdmZ0MGlHSnQ5R2lWM0ladz09&l6=zh_TW&isReadBulletinen_US=&isReadBulletinzh_TW=true