On December 14, 2023, Taiwan’s IP Office (“TIPO”) sided with Apple Inc. in its trademark opposition against trademark no. 02205180, finding the contested trademark should be canceled in view of likelihood of diluting Apple’s iconic voice assistant, “SIRI”.
The contested trademark, “SIRI” (no. 02205180, see below), was filed by Shi-Rei Limited (“Shi-Rei”) on July 9, 2021, and granted on March 1, 2022, designated for use in goods under class 3, including cosmetics, soap, lotion, skin care products, etc. Apple Inc. filed opposition on May 31, 2022, alleging possibility of dilution and confusion with its logo used for its famous voice assistant “SIRI”.
TIPO entered its determination on December 14, 2023, finding the contested trademark violates Article 30.1.11 of Trademark Act.
1. Article 30.1.11 of Trademark Act provides that a mark shall not be registered if such a mark is “identical with or similar to other’s well-known trademark, and hence there exists likelihood of confusion among the relevant public, or likelihood of dilution of distinctiveness or reputation of such well-known trademark.”
2. TIPO notes that Apple Inc. started to use “SIRI” in its “iPhone 4S” in 2011, and such voice assistant has since been widely adopted and integrated in a variety of Apple Inc.’s popular products, including iPhone, iPad, Apple TV, HomePod, Apple Watch, AirPod, and Apple TV. Through the continuously commercial success and marketing of these devices, consumers in Taiwan should be very familiar with “SIRI”. As such, TIPO affirms that “SIRI” as a trademark is already well-known among the relevant public prior to the filing date of the contested trademark.
3. As to similarity, TIPO notes that Shi-Rei’s contested trademark features the same English letters “S”, “I”, “R”, and “I” against a black backdrop. Consumers would find Shi-Rei’s contested trademark conceptually, verbally, and visually similar with Apple Inc.’s “SIRI” trademark.
4. As to distinctiveness, TIPO is aware that “SIRI” as a trademark is very unique and has not been widely used by others. Added to that, through ongoing marketing and successful promoting, Apple Inc.’s “SIRI” has become very famous and possesses high degree of distinctiveness among the public. In other words, consumers have established strong and unique connection between Apple Inc.’s voice assistant and its logo “SIRI”.
5. While Shi-Rei’s “SIRI” is designated for use in cosmetics and skin care products, which are quite different from Apple Inc.’s voice assistant software, TIPO opines that such registration may dilute the uniqueness and distinctiveness of Apple Inc.’s “SIRI” among the public.
Based on dilution theory, TIPO determines that Shi-Rei’s “SIRI” should be canceled accordingly.
Source:
沒有留言:
張貼留言