CHANEL scores a win for its “CHANCE” trademark in opposition against “All Chance”

“CHANCE” (Reg. No. 00532971, see below) is a trademark filed and registered by CHANEL in Taiwan in as early as 1991, designated for use in fragrances, lotions, deodorant, and cosmetics. Over the years, “Chance” has gathered considerable popularity through CHANEL’s use on series of its perfume and cosmetic products.

On April 24, 2020, a Taiwan-based company “All Chance Co. Ltd.” filed trademark application for “All Chance” (Reg. No. 02105460, see below), which was granted on December 1, 2020, designated for use in numerous services under class 35, such as advertising concept development, online advertising design, advertising promotion, advertising agency, business research, marketing consultants, internet shopping, retail and wholesale of cosmetics, and retail and wholesale of maternity and infant products.

CHANEL filed opposition against “All Chance” on February 26, 2021, alleging that for the service “retail and wholesale of cosmetics”, the registration of the contested trademark violates Article 30.1.10 of Trademark Act.

 

On November 30, 2022, Taiwan’s IP Office (“TIPO”) sided with CHANEL, finding “All Chance” used for “retail and wholesale of cosmetics” would cause confusion with CHANEL’s cited trademark “CHANCE”:

 

1.    On similarity, TIPO holds that “All Chance” is conceptually and visually similar with “Chance”. The additional word “All” is not distinctive and would not be sufficient to make “All Chance” as a whole distinguishable from “CHANCE”. Ordinary consumers would still find “Chance” constitutes the dominant portion of the contested trademark.

2.    TIPO also notes that CHANEL’s “CHANCE” is applied for use in cosmetic products, and “All Chance” is used for retail and wholesale of cosmetics. Both the products and services pertain to beauty, body cleaning, personal hygiene, or similar functions. Thus, TIPO is of the view that ordinary consumers would consider the designated goods and services related to each other.

3.    On distinctiveness, TIPO opines that while “CHANCE” has ordinary meaning, it is still distinctive for it bears no relationship with the nature or function of the designated cosmetic products. Besides, due to CHANEL’s years of marketing and use, “CHANCE” has been quite popular, and the relevant consumers are more familiar with CHANEL’s “CHANCE”.

 

In view of the above, given the similarity between “CHANCE” and “All Chance”, the relatedness between the designated cosmetic products and the retail service, the distinctiveness of “CHANCE”, and the fact that consumers are more familiar with CHANEL’s cited trademark, TIPO finds registration of “All Chance” for service under “retail and wholesale of cosmetics” would cause confusion with CHANEL’s “CHANCE” among the relevant consumers.

 

As a result, TIPO rendered a determination in CHANEL’s favor.

 

Source: https://twtmsearch.tipo.gov.tw/OS0/OS0401_SCN3.jsp?issueNo=XpJ13RyT4YnE2UUNMVDN5OWRYand3a3JVdmNoUT09&l6=zh_TW&isReadBulletinen_US=&isReadBulletinzh_TW=true