In its determination made on May 30, 2023, Taiwan’s IP Office (“TIPO”) sided with Italian prominent brand DAINESE S.P.A. (“DAINESE”), finding DAINESE’s registered “TCX” trademark (see below) will be confused due to registration of “TCXX” trademark.
The contested trademark, “TCXX” (see below), was filed on February 7, 2021, and granted on August 1, 2021 (Reg. No. 02158378), designated for use in goods under class 25, including socks, boots, shirts, sweaters, pants, jackets, etc. DAINESE filed opposition on November 1, 2021, alleging that registration of “TCXX” violates Article 30.1.10, Article 30.1.11, and Article 30.1.12 of Trademark Act.
TIPO found in DAINESE’s favor on May 30, 2023, determining that the registration of “TCXX” should be canceled according to Article 30.1.10 of Trademark Act.
1. Article 30.1.10 of Trademark Act provides that a mark should not be registered if such a mark is identical with or similar to other’s registered trademark; is applied for use in goods or services that are identical with or similar to those for which other’s registered trademark is applied; and hence there exists likelihood of confusion among the relevant consumers.
2. As to similarity, TIPO noted that although DANIESE’s “TCX” is stylized and has different font size, ordinary consumers could still easily identify it as word consisting of “T”, “C”, and “X”, which is visually and conceptually similar with the contested trademark “TCXX”. The degree of similarity is very high.
3. TIPO further noted that DAINESE’s “TCX” is designated for use in similar goods, such as slippers, sneakers, sportswear, coats, jackets, etc., which are products that could keep warm and be used in combination with other apparel and related accessories. Thus, TIPO considered both “TCX” and “TCXX” trademarks are applied for use in similar goods.
4. Based on the records, DENIESE’s “TCX” is distinctive, has been registered in Taiwan since 2007, and is well-recognized among the relevant consumers through DENIESE’s continuous marketing and local distributorship. Since there is no record submitted to support the use of “TCXX”, TIPO found consumers should be more familiar with DENIESE’s “TCX”.
5. Given that ”TCXX” is highly similar with “TCX”, that both trademarks are applied for use in similar goods, that “TCX” is distinctive and that consumers are more familiar with “TCX”, TIPO concluded that registration of “TCXX” may cause confusion with DENIESE’s registered “TCX” among the relevant consumers. The registration of “TCXX” is therefore canceled in view of Article 30.1.10 of Trademark Act accordingly.
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