On April 30, 2024, Taiwan’s IP Office (“TIPO”)
found for Chanel in its trademark opposition against “CONSCIOUS GEOMETRY”, concluding
that registration of the contested trademark should be canceled in view of likelihood
of confusion with Chanel’s well-known “CC Monogram” (Reg. no. 01849081, and
01655651, see below).
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 another person’s well-known trademark or mark, and hence
there exists a likelihood of confusion on the relevant public or a likelihood
of dilution of the distinctiveness or reputation of the said well-known
trademark or mark”.
2.
Based on the voluminous supporting
evidence submitted by Chanel, including market survey in 2015, coverages of prestigious
magazines including Vogue and Bazaar throughout 2017 and 2019, TIPO’s findings in
prior determinations, and news reports by numerous local medias, TIPO confirms that
prior to Consciouseed’s application in 2022, Chanel’s “CC Monogram” has achieved
well-known status in the fields of bags, apparel, cosmetics, etc.
3.
In terms of similarity, TIPO
notes that while Consciouseed’s trademark consists of two words “CONSCIOUS
GEOMETRY”, the overlapping letters of “C” and “G” in the middle of the
contested trademark should constitute the dominant portion. Although the
overlapping of “G” and “C” is somewhat different from Chanel’s famous “CC
monogram”, they both create similar visual impression formed by two overlapping
curves with openings directing at the opposite direction. As such, the difference
is minor. The overall visual appearance of the contested trademark is similar
with Chanel’s famous monogram.
4.
TIPO also notes that the nature
of designated services of Consciouseed’s contested trademark involves education
and teaching, which is not identical to the product categories in which Chanel
is famous. However, there is strong evidence showing Chanel has diversified its
use of the CC monogram, including using the famous icon in activities that teach
clothing style and share make-up tips with consumers. In this respect, TIPO
considers Consciouseed’s contested trademark is applied for use in services
that are related to those in which Chanel’s famous icon is used.
5.
In light of the above, given
the well-known status of Chanel’s CC monogram, the similarity between
Consciouseed’s contested trademark and Chanel’s famous CC monogram, the facts
that Chanel’s “CC monogram” is more known by the consumers and used in diversified
products and services, including services that are also educational in nature,
TIPO considers there is likelihood of confusion caused by registration of
Consciouseed’s contested trademark. As a result, TIPO determines that the registration
of “CONSCIOUS GEOMETRY” should be canceled accordingly.
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