On August 30, 2024, MERCEDES-BENZ GROUP AG
(“BENZ”) scored a win in trademark opposition against ALPS Biotech Co. Ltd. (“ALPS”),
convincing Taiwan’s IP Office (“TIPO”) that its famous star logos (No. 01766128
and 01535350, see below) may be confused by ALPS’s trademark.
The disputed trademark (no. 02237357, see
below) was filed by ALPS on December 17, 2021, and granted on July 16, 2022, designated
for use in various services under class 42, including chemical services,
biological research, clinical trials, research and analysis for medical agent,
product inspection and testing, etc. BENZ filed opposition on October 13, 2022,
alleging violations of Article 30.1.10 and 30.1.11 of Trademark Act.
TIPO sided with BENZ on August 30, 2024
based on Article 30.1.10 of Trademark Act:
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.
On similarity, the disputed
trademark consists of a white three-pronged logo within a black circle, and letters
“ALPS” of small font. From the viewpoint of ordinary consumers, the dominant portion
of the disputed trademark is the three-pronged white logo within the black
circle, which is conceptually and visually similar with BENZ’s iconic three-pointed
star trademark. While there are some differences in terms of shades, contour,
and shape, such variations are considered minor.
3.
As to the designated services,
TIPO notes that BENZ’s above cited trademarks are applied for use in services
such as “quality inspection and testing for automobile, industrial analysis” (No.
01766128) and “materials analysis, chemical analysis, technical data analysis”
(No. 01535350). These testing and analysis services provide functions that are related
to or associated with those designated by ALPS’s disputed trademark.
4.
Further, BENZ’s three-pointed
star logos are famous, and have been affirmed as well-known trademarks by TIPO.
To the contrary, TIPO notes that there is little evidence submitted to prove
the recognizability of ALPS’s disputed trademark.
5.
In view of the above, given
that ALPS’s disputed trademark is similar with BENZ’s cited trademarks, that
both trademarks are used for associated or related testing or analysis services,
and that BENZ’s three-pointed star logos are already well-known and highly
recognizable, TIPO concludes that registration of ALPS’s disputed trademark may
cause confusion with BENZ’s well-known icons among the relevant consumers.
The registration of ALPS’s disputed
trademark is therefore canceled by TIPO according to Article 30.1.10 of
Trademark Act.
Source: https://cloud.tipo.gov.tw/S282/OS0/OS0401_SCN3.jsp?issueNo=XpJ13RyT4bkpQOVNQK1ZMeG5DQ2RPN1JOb2gyUT09&l6=zh_TW&isReadBulletinen_US=&isReadBulletinzh_TW=true
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