On March 29, 2024, Taiwan’s IP Office (“TIPO”)
found Levi Strauss & Co.’s (“LEVI”) “DOCKERS” not similar with the
registered trademark “YOCKERS”.
The opposition was filed on July 13, 2022
by LEVI, the registrant of Taiwan’s trademark “DOCKERS” (No. 00397940, No. 00729011,
and No. 00831617, see below), against “YOCKERS”, the trademark held by RED ANT
SHOES CO., LTD.’s (Red Ant). LEVI cited violation of Article 30.1.10 of
Trademark Act.
Red Ant’s contested trademark, “YOCKERS” (No.
02215390, see below), was filed on October 20, 2021, and granted on April 16,
2022, designated for use in goods under class 25, including slipper, shoes, sandals,
boots, pants, ties, raincoats, belts, etc. LEVI contended that Red Ant’s “YOCKERs”
is confusingly similar with LEVI’s “DOCKERS”, and requested TIPO to cancel the
contested trademark accordingly.
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 another person’s registered trademark or earlier filed
trademark and to be applied for goods or services identical with or similar to
those for which the registered trademark is protected or the earlier filed
trademark is designated, and hence there exists a likelihood of confusion on
relevant consumers.”
2.
While both LEVI’s “DOCKERS” and
Red Ant’s “YOCKERS” share similar letters “OCKERS”, TIPO considers “YOCKERS” different
from “DOCKERS”. Conceptually, “YOCKERS” has no specific definition in dictionary,
but “DOCKERS” refers to “person who works at port.” Verbally and visually, the
difference in the initial letters also renders the pronunciation and overall
appearance of the two trademarks different from each other. As such, TIPO
considers “DOCKERS” dissimilar with “YOCKERS”.
3.
TIPO notes that Red Ant’s “YOCKERS”
is used in products that are similar with LEVI’s “DOCKERS”, and that both LEVI’s
“DOCKERS” and Red Ant’s “YOCKERS” are distinctive trademarks. However, based on
the submitted records, TIPO finds there is no evidence showing consumers are
more familiar with LEVI’s “DOCKERS” than Red Ant’s “YOCKERS”. Besides, there is
no finding of actual confusion.
4.
Although Red
Ant’s “YOCKERS” is used in products that are similar with LEVI’s “DOCKERS”,
TIPO holds the view that consumers will not be confused, because LEVI’s “DOCKERS”
and Red Ant’s “YOCKERS” are dissimilar, and both trademarks are distinctive with respect to the products which they are applied for use. As such, consumers should be able
to distinguish products bearing Red Ant’s “YOCKERS” from products bearing LEVI’s
“DOCKERS”.
In view of the above, LEVI’s opposition based on Article 30.1.10
of Trademark Act is denied accordingly.
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