2024年3月9日 星期六

Taiwan’s IP Office finds in the favor of TUDOR, canceling trademark featuring similar shield image

On January 30, 2024, Taiwan’s IP Office (“TIPO”) sides with luxury watch brand MONTRES TUDOR SA (“TUDOR”), finding its iconic shield trademark (Reg. No. 01061354) may be confused with Anzen Construction Co.’s (“Anzen”) registered logo (Reg. No. 02285880).




Anzen’s contested trademark (see below) was filed on July 29, 2022, and granted on March 16, 2023, designated for use in goods under class 14, including jewelry, badges, watch component, clock, watch, etc. TUDOR filed opposition on June 14, 2023.

TIPO sided with TUDOR, reasoning that:

1.    Although the exact color and contour of TUDOR’s shield is different from those of Anzen’s, consumers may still find them similar with each other, especially when the shield logo becomes small so it can be placed on the surface of a watch.

2.    TUDOR’s logo is designated for use in similar goods, such as watches, clocks, and the relevant components. Moreover, TUDOR’s shield logo is distinctive and consumers are more familiar with TUDOR. Thus, while the degree of similarity between Anzen’s and TUDOR’s shields is only medium, TIPO opines consumers may still find them confusingly similar if they are used in the same or similar kinds of products.

Based on the above, TIPO sided with TUDOR, and canceled Anzen’s trademark accordingly.

Source:

https://cloud.tipo.gov.tw/S282/OS0/OS0401_SCN3.jsp?issueNo=XpJ13RyT4dWc4NWhPZGlOblpDZUd0OHRzTVd1UT09&l6=zh_TW&isReadBulletinen_US=&isReadBulletinzh_TW=true

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