Louis Vuitton scored a win in trademark opposition for its famous “LV” logo

 On September 25, 2024, fashion giant Louis Vuitton (“LV”) successfully persuaded Taiwan’s IP Office (“TIPO”) to cancel a registered trademark deemed too similar to LV’s iconic logo “LV” (no. 00827212, see below).

 

The contested trademark, no. 02357789 (see below), was filed on April 28, 2023, and granted on February 16, 2024, designated for use in goods in class 25, including clothing, T-shirts, shoes, scarves, socks, gloves, etc. LV filed opposition on May 15, 2024, citing violations of Article 30.1.10 and 30.1.11 of Trademark Act.

 

TIPO ruled in favor of LV on ground of 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.    In this case, TIPO noted that the disputed trademark comprises large letters “L” and “M”, and smaller text reading “LUYI MI” and “Always with you.” Due to the significant contrast in the sizes of the letters, consumers would consider “L” and “M” as the dominant portion of the disputed trademark. Further, given that part of the letter “M” was blocked by the “LUYI MI” text block, consumers could easily interpret the disputed trademark as featuring “L” and “V”, instead of “L” and “M”. Therefore, TIPO concluded that the disputed trademark visually similar with LV’s cited trademark.

3.    As to the designated use of goods, TIPO found the products designated by the disputed trademark were similar with those designated by LV’s cited trademark. For example, LV’s trademark was similarly applied for use in products like clothing, shirts, socks, hats, and pants, which share similar functions and purposes, such as warmth and aesthetical appeal.

4.    Moreover, based on evidence of use, TIPO found LV’s logo has been well recognized by the relevant consumers. By contrast, there was no evidence submitted by the registrant of the disputed trademark to support the strength of the disputed trademark. As such, TIPO was of the view that consumers in Taiwan would be more familiar with LV’s logo.

5.    In view of the similarity between LV’s logo and the disputed trademark, the overlap of designated products, the high distinctiveness of “LV”, and consumers’ familiarity with "LV", TIPO concluded that the disputed trademark would cause confusion with the cited "LV" trademark. As a result, the registration of the disputed trademark was canceled accordingly.

 

Source: https://cloud.tipo.gov.tw/S282/OS0/OS0401_SCN3.jsp?issueNo=XpJ13RyT4dnJ6aFh3N2RTVE1JSVhZYzEzWlF6UT09&l6=zh_TW&isReadBulletinen_US=&isReadBulletinzh_TW=true