On September 20, 2024, Space Exploration
Technologies Corp. (“SPACEX”), the space technology company founded by Elon
Musk, successfully convinced Taiwan’s Intellectual Property Office (“TIPO”) to
cancel the registration of trademark no. 02332938 due to a likelihood of
confusion with SPACEX’s own trademark, “SPACEX” (no. 01913159, see below).
The disputed trademark, “SPACE” (no.
02332938, see below), was filed by Dentall Co., Ltd. (“Dentall”) on March 17,
2023, and granted on November 1, 2023, designated for use in services under
class 38, including telecommunications, mobile phone communication
transmission, online information transmission, computer transmission of images
and messages, etc. SPACEX filed opposition on January 26, 2024, citing
violations of Article 30.1.10, 30.1.11, and 30.1.12 of Trademark Act.
TIPO found for SPACEX based on Article
30.1.10 of Trademark Act, reasoning 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.
The disputed trademark uses the
same word “space”, with minor difference in terms of its stylization, and the lack
of letter “X”. Ordinary consumers would find “SPACE” visually, verbally, and
conceptually similar with “SPACEX”.
3.
As to the designated use of
services, both the disputed trademark and “SPACEX” cover services involving
transmission of text, messages, images, or other data through magnetic,
wireless, or internet signals. As such, TIPO opined Dentall’s “SPACE” was used
in services that were similar with or related to those designated by "SPACEX".
4.
Based on the evidence of
trademark use between 2018 and 2022, including news reports about SPACEX’s
launch of rocket, its “Starlink” service, and SPACEX’s business relationships
with Taiwanese’s suppliers for its parts and accessories, TIPO concluded that relevant
consumers in Taiwan would be more familiar with the “SPACEX” trademark.
5.
In view of the above, given the
similarity between “SPACE” and “SPACEX”, the overlap in the designated services,
and the fact that Taiwan’s consumers are more familiar with “SPACEX” due to its
established fame and services, TIPO determined that Dentall’s “SPACE” trademark
would likely cause confusion among consumers. Therefore, registration of “SPACE”
was canceled under Article 30.1.10 of the Trademark Act.
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