2025年3月2日 星期日

German liqueur brand Mast-Jägermeister won the battle of the deers

On January 21, 2025, Taiwan’s IP Office (“TIPO”) ruled in the favor of Mast-Jägermeister SE (“Mast-Jägermeister”), canceling a contested trademark after finding it confusingly similar with the German liqueur brand’s iconic logos (no. 01813871, 01813870, and 01808400, see below).


The contested trademark, “RED DEER STATION” (no. 02304993, see below), was filed by Australia’s winemaker Inspire Vintage Pty Ltd. (“Inspire”) on November 7, 2022, and granted on July 1, 2023, designated for use in various kinds of alcoholic products, such as red wine, fruit wine, sparkling wine, cherry wine, mint liqueur, etc. Mast-Jägermeister filed opposition against Inspire on September 28, 2023, citing violations of Articles 30.1.10, 30.1.11, and 30.1.12 of Trademark Act.


On January 21, 2025, TIPO sided with Mast-Jägermeister based on Article 30.1.10 of Trademark Act:

1.    On similarity, TIPO found Inspire’s deer logo resembles Mast-Jägermeister’s trademarks, because both mainly feature the head of a stag with forked and long antlers. The visual impression and concept of the two trademarks are similar with each other.  

2.    With regard to the designated products, TIPO noted that Inspire’s “Red Deer” similarly is used in alcoholic beverages, such as brewed wine, fruit wine, liqueur, etc. As such, TIPO agreed with Mast-Jägermeister that both trademarks cover similar product categories.

3.    With regard to the strength and fame of the trademark, TIPO found Mast-Jägermeister’s brands have been used in liqueur products in Taiwan since as early as 2015, especially the renowned “Jägermeister liqueur”, which is a very popular herbal liqueur for its unique blend of 56 herbal, fruits, roots, and spices. In other words, the relevant consumers in Taiwan are more familiar with Mast-Jagermeister’s trademarks.

In view of the above, given the similarity between Inspire’s and Mast-Jägermeister’s trademarks, the overlap of the designated products, and the facts that Mast-Jägermeister’s trademarks have been in use since 2015 and have established considerable recognition among the relevant consumers, TIPO concludes that Inspire’s contested trademark shall be canceled due to likelihood of confusion with Mast-Jägermeister’s trademarks.

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German liqueur brand Mast-Jägermeister won the battle of the deers

On January 21, 2025, Taiwan’s IP Office (“TIPO”) ruled in the favor of  Mast-Jägermeister  SE (“ Mast-Jägermeister ”), canceling a contested...