On May 2, 2025, Taiwan’s IP Office (“TIPO”) denied Lacoste’s cancellation action against Full Moon Brewworks Co. Ltd. (“Full Moon”), finding Full Moon’s contested trademark, although featuring a crocodile, not confusingly similar to Lacoste’s iconic crocodile logos (No. 00341288, No. 00353746, No. 00636650, and No. 02342889, see below).
TIPO entered its decision on May 2, 2025, finding low similarity and thus no confusion between Lacoste’s and Full Moon’s trademarks.
1. TIPO first reviewed Lacoste’s evidence for supporting the alleged well-know status of its trademarks. While TIPO noted that Lacoste’s trademarks were once determined as well-known in 2009 and 2016 in the field of apparel, hats, and the relevant accessories, TIPO found the evidence was more than 7 years ago. On the other hand, the other records submitted by Lacoste merely showed it has been continuously using its trademarks in Taiwan. There is no other supporting evidence, such as advertising data, market share survey report, etc. As such, TIPO considered the reputation of Lacoste’s trademarks is limited and confined to the clothing sector.
2. As to the similarity, TIPO was aware that both Full Moon’s and Lacoste’s trademarks include crocodile imagery. However, crocodile is merely a common animal, and TIPO noted that there are other elements in Full Moon’s trademark, such as “CHA LAN WAN” (which means king of crocodile in Thai), and the depiction of a woman in short skirt being embraced by the standing crocodile. Taking all the elements together as a whole, TIPO considered that consumers should be able to distinguish the two trademarks, and the similarity should be low.
3. While TIPO agreed that Lacoste’s trademarks are distinctive and were used on other products, such as surfboard, bicycle, etc., TIPO found the evidence quite limited. TIPO considered these materials insufficient to prove a natural brand extension into beer and beverages. In the meantime, Full Moon’s trademark is also distinctive, since it is not related to the nature or function of the designated products.
4. In light of the above, TIPO concluded that the fame of Lacoste’s trademarks is limited to clothing sector, that the similarity is low, that both trademarks are distinctive, and that there is no evidence showing Lacoste is likely to expand into the beer and beverages market. Accordingly, TIPO held that the registration of Full Moon’s trademark is unlikely to cause confusion among the relevant consumers. In addition, since the degree of similarity is very low, TIPO determined that the contested trademark is unlikely to dilute the distinctiveness or tarnish the reputation of Lacoste’s trademarks.
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