In a trademark opposition initiated by Apple Inc., Taiwan’s IP Office (“TIPO”) ruled in tech giant’s favor, finding the contested trademark “HiTune” confusingly similar with Apple’s famous “iTunes” trademarks (Reg. No. 01020430, 01716278, and 02076944, see below).
The contested trademark, “HiTune” (Reg. No. 02114569, see below), was filed for registration on August 18, 2020, and granted on January 16, 2021, designated for use in goods under class 9, including data processing equipment, random access memory, earphones, headphones, microphones, audio-video receivers, sound transmitters, battery chargers, cables, data readers, downloadable application software, sound recording apparatus, portable media players, tuning devices, network communication equipment, and wearable electronic devices. Apple filed opposition against the registration of “HiTune” on April 15, 2021, alleging violation of Article 30.1.10 and Article 30.1.11 of Trademark Act.
TIPO sided with the tech giant on November 28, 2022, finding:
1. The contested trademark is similar with Apple’s cited “iTunes” trademarks. Although the initial letter of the contested trademark (i.e., “H”) is different from that of Apple’s cited trademarks (i.e., “i”), consumer’s overall visual impression of the contested trademark would still be “Tune”. Additionally, the pronunciation of “HiTune” is also similar with that of “iTunes”. TIPO therefore determines the contested trademark is verbally and visually similar with Apple’s cited trademarks.
2. As to similarity of the designated goods, TIPO is of the view that Apple’s “iTunes” trademarks are applied for use in products like computer software, mobile phone, internet equipments, downloadable multimedia files, cpu, data processor, speaker, wearable device, etc., which are associated with the function of products designated by the contested trademark. For example, the designated applications and softwares of both trademarks could be used on computers and wearable devices. Hence, consumers may consider Apple’s “iTunes” and the contested “HiTune” are applied for use in similar products.
3. While TIPO recognizes that both Apple’s “iTunes” and the contested “HiTune” are distinctive in nature, TIPO, after reviewing the evidence of trademark use, finds there is no record that could support consumer’s familiarity with the contested trademark “HiTune”. In contrast, based on Apple’s supporting evidence, “iTunes” has become widely popular among the relevant public due to the success of Apple’s iPOD and iOS products. Therefore, Taiwan’s consumers are more familiar with Apple’s “iTunes” trademarks.
In view of the similarity between “HiTune” and “iTunes”, the similarity of the designated goods, the high distinctiveness of and consumer’s familiarity with Apple’s “iTunes”, TIPO determines that the registration of “HiTune” may cause confusion with Apple’s “iTunes”. As such, registration of “HiTune” is canceled in accordance with Article 30.1.10 of Trademark Act.
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