Taiwan’s Baseball Team Uni- Lions lost its opposition against trademark “TAIWAN LIONS”

Uni-President 7-ELEVEn Lions, a.k.a. Uni-Lions, is one of the most prestigious professional baseball teams in CPBL. The team is owned by the reputable Uni-President Corporate, and operated by President Professional Baseball Team Corp (“PPTC”). Over the years, PPTC has acquired numerous trademark registrations related to Uni-Lions in Taiwan, including no. 01871540, no. 01892596, and no. 01958435 (collectively referred to as the “Lion Logos”, see below).

On April 14, 2023, PPTC filed trademark opposition against trademark no. 02275802 (“TAIWAN LIONS”, see below), alleging that such trademark is too similar to the Lion Logos. The contested trademark, “TAIWAN LIONS”, was filed on July 12, 2022, and granted on January 16, 2023. “TAIWAN LIONS” was registered for use on products in class 25, including cloths, suits, sportswear, scarves, ties, gloves, etc.

The registrant of “TAIWAN LIONS” argued that there should be no violation of Trademark Act:

1.      “TAIWAN LIONS” is dissimilar to the Lion Logos.

2.      PPTC’s evidence is insufficient to prove the well-known status of Lion Logos.

3.      The word “Lion” is a common term that has been adopted by others as trademarks.

4.      The registrant represents a charitable group, and “TAIWAN LIONS” reflects the group’s nature and public interest-oriented purpose, which should be distinguishable from PPTC’s Lion Logos.

On December 31, 2024, Taiwan’s IP Office (“TIPO”) sided with “TAIWAN LIONS”, finding there should be no confusion caused by the registration of the contested trademark:

1.      On the status of well-known trademark, based on the records submitted by PPTC, including the coverage of sports news, webpages of Facebook, and other joint marketing campaigns with local banks and convenience stores, TIPO confirmed that at least trademark no. 01871540 should be well-known among the customers in the field of professional sports industry.

2.      As to similarity, TIPO found in the favor of “TAIWAN LIONS”, finding that while both “TAIWAN LIONS” and Lion Logos feature the word “lion” together with a lion image, there are other distinguishable elements presented in “TAIWAN LIONS”. These include the prominent blue “T” as a backdrop, the image of the Taiwan island, and the right-facing lion head with a mane of different color and style. Additionally, TIPO noted that there are other co-existing trademarks featuring similar combinations of elements for products in the same apparel category. Hence, using such elements does not necessarily render these trademarks resemble one another. In sum, TIPO concluded that the similarity between “TAIWAN LIONS” and Lion Logos should be low.

3.      TIPO agreed with PPTC that the products covered by “TAIWAN LIONS” overlap with those designated by the Lion Logos, and that Lion Logos are highly distinctive. However, TIPO noted that “TAIWAN LIONS” is also distinctive in its own right, and that there is no evidence showing the contested trademark was registered with intent to mimic PPTC’s well-known Lion Logos.

4.      Based on the above, considering the low degree of similarity between “TAIWAN LIONS” and Lion Logos, the fact that both trademarks are distinctive, and the lack of evidence showing actual confusion and bad faith, TIPO concluded that Lion Logos will not be confused with or diluted by the registration of “TAIWAN LIONS”. PPTC’s opposition was denied accordingly.

Notes:

1.      PPTC also cited other trademarks owned by the International Association Of Lions Clubs, including no. 00064860, no. 00077746, and no. 00077766. All are considered dissimilar by TIPO.

2.      Before 2024, Uni-Lions held the record of winning the most Championship Title. After being defeated in the 2024 Taiwan Series, this record is now tied by CTBC Brothers.   

Source: https://cloud.tipo.gov.tw/S282/OS0/OS0401_SCN3.jsp?issueNo=XpJ13RyT4VkF1bkVlOGJyQzlXS2QvV3hrV3czdz09&l6=zh_TW&isReadBulletinen_US=&isReadBulletinzh_TW=true