On May 31, 2024, Taiwan’s IP Office (“TIPO”) entered a determination in the favor of the Polo/Lauren Company, L.P. (“Polo/Lauren”), finding “WILLIAMPOLO” should be canceled due to likelihood of confusion with Polo/Lauren’s trademarks (no. 00321855, 00139937, 00139936, 00581527, and 01686230, see below).
The contested trademark, “WILLIAMPOLO” (no. 02237994, see below), was filed on October 11, 2021, and granted on July 16, 2022, designated for use in goods under class 18 (including purse, handbag, backpack, suitcase, shopping bag, wallet, etc.) and services under class 35 (including retail service for apparel, handbag, purse, etc.). Polo/Lauren filed opposition on October 13, 2022, citing violations of, among the other, Article 30.1.10, 30.1.11, and 30.1.12 of Trademark Act.
1. Article 30.1.10 of Trademark Act provides that a mark shall not be registered if such a mark is similar with other’s registered trademark which is applied for use on similar services or products, thereby causing likelihood of confusion among the relevant consumers.
2. The contested trademark is formed by “WILLIAMPOLO” and a logo of polo player with wings. Comparing the contested trademark with Polo/Lauren’s trademarks, TIPO notes that both feature the word “POLO”, and a polo player holding a prolonged object. Thus, there is verbal and conceptual similarity between the contested trademark and Polo/Lauren’s trademarks.
3. Turning to the designated goods and services, TIPO notes that Polo/Lauren’s trademarks are also applied for use in similar products like briefcase, shopping bag, luggage, and in services including online retail services. TIPO finds these products and services are of similar nature and function with those designated by the contested trademark. Thus, TIPO considers the contested trademark is applied for use in goods and services that are similar with Polo/Lauren’s trademarks.
4. Furthermore, based on the evidence of use of trademark, including news reports, marketing materials, and sales of products, TIPO finds Polo/Lauren’s trademarks are more famous, and consumers are more familiar with Polo/Lauren’s trademarks.
5. In view of the above, given that the contested trademark is similar with Polo/Lauren’s trademarks, that both trademarks are applied for use in similar goods and services, that Polo/Lauren’s trademarks are distinctive, with which consumers are more familiar, TIPO concludes that the registration of the contested trademark may cause confusion among the relevant consumers. As such, TIPO cancels the contested trademark based on Article 30.1.10 of Trademark Act accordingly.
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