On
December 30, 2024, fashion giant Louis Vuitton successfully persuaded Taiwan’s
IP Office (“TIPO”) that the registered trademark “YILIBEAUTY 伊秝美學及圖” should be canceled in view
of likelihood of confusion with its iconic “LV” logos (no. 01587780, no. 01922370, no. 02285154, no. 02371232, no. 02371231, and no. 01790186, see below)
(no. 02371231, and no. 01790186)
(no. 01587780, no. 01922370, no. 02285154, and no. 02371232)
The contested trademark, “YILIBEAUTY 伊秝美學及圖” (no. 02365007, see below), was filed on September 11, 2023, and published on April 1, 2024, designated for use in products under class 3, including cosmetics, lotion, beauty serum, facial cleanser, facial mask, etc. Louis Vuitton filed opposition on June 28, 2024, citing violations of Articles 30.1.10 and 30.1.11 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.
TIPO
noted that the contested trademark features an encircled “YL” positioned above English
and Chinese texts of small font “YILIBEAUTY” and “伊秝美學”. Louis Vuitton’s iconic “LV”,
on the other hand, features overlapping “L” and “V”. Considering their size and
design, TIPO determined that the enlarged “Y” and “L” would be the dominant
portion of the contested trademark. Additionally, TIPO found that the right
side of the letter “Y” overlaps with the left side of the right-titled letter “L”,
which would form a visual impression that is similar to Louis Vuitton’s “LV”.
As such, TIPO considered the contested trademark visually similar with Louis
Vuitton’s “LV” logo.
3.
As
to the designated products, TIPO found both Louis Vuitton’s “LV” logos and the
contested trademark cover cosmetics and cleanser of human body. Therefore,
there is similarity or relevancy between the corresponding products designated
by “LV” and the contested trademark.
4.
Further,
based on evidence submitted by Louis Vuitton, including news reports and
marketing materials, TIPO found that Louis Vuitton’s “LV” is highly
distinctive, and that local consumers are more familiar with Louis Vuitton’s “LV”
than the contested trademark.
5.
In
view of the above, considering the similarity between “LV” and “YILIBEAUTY 伊秝美學及圖”, the overlap of the
designated products, the high distinctiveness of “LV”, and that consumers are
more familiar with Louis Vuitton’s logo, TIPO concluded that there exists
likelihood of confusion per Article 30.1.10 of Trademark Act. Hence, the
registration of the contested trademark was canceled accordingly.
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