Appeal Committee Reverses TIPO Ruling in Louis Vuitton's 'LV' Trademark Battle

On October 23, 2024, LOUIS VUITTON MALLETIER (“LOUIS VUITTON”), the registrant of trademark No. 01922370 (see below), successfully persuaded the Petitions and Appeals Committee (“Appeal Committee”) to vacate an unfavorable decision by Taiwan’s IP Office (“TIPO”).

 

The dispute arose out of LOUIS VUITTON’s opposition against trademark No. 02274728 (see below), which was filed on June 17, 2022 and granted on January 1, 2023, designated for use with goods in class 3 (i.e., cosmetics and skin care) and services in class 35 (i.e., advertising). LOUIS VUITTON filed opposition on March 21, 2023, citing violations of Article 30.1.10 and 30.1.11 of Trademark Act.

 

TIPO ruled against LOUIS VUITTON, with the key reason being TIPO’s finding that the contested trademark was dissimilar to LOUIS VUITTON’s famous “LV” logo. LOUIS VUITTON subsequently challenged TIPO’s unfavorable decision before the Appeal Committee.

 

On October 23, 2024, Appeal Committee ruled in LOUIS VUITTON’s favor, determining that TIPO erred in finding the contested trademark dissimilar to LOUIS VUITTON’s famous “LV” logo.

 

In its ruling, the Appeal Committee noted that:

1.    While the contested trademark contains additional texts like “Vitoria&Jane” and “唯真”, the most dominant part is the overlapping characters “V” and “J”.

2.    After closely examining the style “V” and “J” are designed and displayed, the Appeal Committee noted that the two letters “V” and “J”, just like the “L” and “V” in LOUIS VUITTON’s famous logo, overlap. Besides, the letter “J” in the contested trademark is particularly tilted at an angle, although in the opposite direction, resembling the visual impression of the letter “L”.

3.    As such, the Appeal Committee came to the conclusion that the “V” and “J” in the contested trademark would still form visual impression that is similar to “L” and “V”. In its entirety, ordinary consumers would consider the contested trademark similar to LOUIS VUITTON’s well-known “LV” trademark.

 

Based on the finding of similarity, the Appeal Committee determined that the similarity between the contested trademark and the “LV” logo may lead to likelihood of confusion among the consumers. TIPO’s original decision was therefore vacated and the whole case was remanded accordingly.

 

Source:

TIPO’s decision: https://cloud.tipo.gov.tw/S282/OS0/OS0401_SCN3.jsp?issueNo=XpJ13RyT4WTIrcENtSEhNYlIzaGpXRWZrVGd5dz09&l6=zh_TW&isReadBulletinen_US=true&isReadBulletinzh_TW=true

Appeal Committee’s ruling:

https://cloud.tipo.gov.tw/S282/SS0/SS0201_SCN3.jsp?approNo=G01120109&docDate=113/10/24&type=1&l6=zh_TW&isReadBulletinen_US=true&isReadBulletinzh_TW=true