On April 30, 2024, Taiwan’s IP Office (“TIPO”)
rejected trademark opposition filed by the French fashion giant, Louis Vuitton,
finding the contested trademark “VJ” would not cause confusion with Louis
Vuitton’s famous “LV” logo (Reg. No. 01922370, see below).
The contested trademark, No. 02274728 (see
below), was filed on June 17, 2022, and granted on January 1, 2023, designated
for use in goods under class 3 (care and cosmetics products) and services under
class 35 (advertising service). Louis Vuitton filed opposition on March 21,
2023, citing violations of Article 30.1.10 and Article 30.1.11 of Trademark
Act.
TIPO did not side with Louis Vuitton. In
its determination, TIPO found that:
1.
Article 30.1.10 of Trademark
Act provides that a mark shall 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.
Article 30.1.11 of Trademark
Act further provides that a mark shall not be registered if such a mark is “being
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”.
3.
The similarity between Louis
Vuitton’s “LV” and the contested trademark is low. In its entirety, aside from
the stylized and overlapping letters “V” and “J”, TIPO notes that the contested
trademark features other elements, including “Vitoria&Jane”, and “唯真”, against a blue
backdrop. While Louis Vuitton’s “LV” logo also features two overlapping letters
“L” and “V”, TIPO considers the overall visual impression formed by the
contested trademark is different from that by Louis Vuitton’s logo. Taken as a
whole, ordinary consumers would not consider the contested trademark similar
with the “LV” logo because in addition to the two overlapping “V” and “J”
letters, there are other noticeable features presented in the contested
trademark.
4.
Louis Vuitton’s logo is famous
in the fields of fragrance, cosmetics, handbags, fashionable accessories, etc. And
consumers are more familiar with Louis Vuitton’s logo in the relevant fields. However,
the contested trademark is not just used in cosmetics, but also used in advertising
service, which is different and dissimilar with Louis Vuitton’s logo. TIPO also
notes that there is no evidence showing application of the contested trademark was
filed based on bad faith, or actual confusion has been caused, which are factors
tilted to the favor of the contested trademark.
In view of the above, TIPO concludes there is no violation of Article 30.1.10 and 30.1.11 of Trademark Act. Although Louis Vuitton’s “LV” has been well-known, the similarity between the two trademarks, and their respective designated goods/services are low. Moreover, there is no evidence showing bad faith and existence of actual confusion. The reputation or distinctiveness of “LV” would not be harmed because the similarity between the two trademarks is low, and there is no evidence showing registration and use of the contested trademark will lead to negative connection with Louis Vuitton’s “LV”.
Therefore, Louis Vuitton’s opposition is rejected by TIPO
accordingly.
沒有留言:
張貼留言