On July 23, 2024, Beiersdorf AG (“Beiersdorf”) prevailed in a trademark opposition against “NEAUVIA”, successfully convincing Taiwan’s IP Office (“TIPO”) that “NEAUVIA” may cause confusion with Beiersdorf’s well-known brand “NIVEA” (See below).
The contested trademark, “NEAUVIA” (no. 02191869, see below), was filed by MATEX Lab Switzerland SA (“MATEX”) on November 10, 2020, and granted on January 1, 2022, designated for use in various products under class 5, such as medical nutrition, protein nutritional supplements, chemical drug preparations, nutritional supplements, medical eye masks, medical preparations for hair care and skin treatment, etc. Beiersdorf filed opposition on April 1, 2022, alleging violation of Article 30.1.10, 30.1.11, and 30.1.12 of Trademark Act.
1. There is visual and verbal similarity between “NIVEA” and “NEAUVIA”, given that both start with “N” and end with “A”, and that both contain the same sequence of letters “N”, “V”, and “A”. Besides, the two trademarks both start with the same letter “N”, which tend to enhance the impression of similarity among ordinary consumers.
2. TIPO notes that “NIVEA” is widely used in skin care products, and that “NEAUVIA” is used for products with medical purpose. However, TIPO considers the medical products designated by “NEAUVIA” is related to or associated with those by “NIVEA”, because skin care products like moisturizers, sunscreen, etc., are also relevant to the health, treatment, or beauty of skin. Further, it is usual for skin treatment medicine to be used in conjunction with skin lotion or sunscreen. As such, there is similarity or relevance between products designated by “NEAUVIA” and those by “NIVEA”.
3. Based on prior cases and evidence of use, TIPO confirms that at the time when “NEAUVIA” is filed for trademark registration, “NIVEA” has already been well-known in the field of skin care products, and that consumers are more familiar with “NIVEA”.
4. Considering that “NIVEA” is well-known and highly distinctive, that there is similarity between “NEAUVIA” and “NIVEA”, that the two trademarks are used in related or associated products that serve similar or related purposes, and that consumers are more familiar with “NIVEA”, TIPO concludes that there may be confusion caused among the relevant consumers. Therefore, “NEAUVIA” is canceled based on Article 30.1.11 of Trademark Act accordingly.
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