Taiwan’s IP Office sided with Nike in trademark dispute over tick design

On April 29, 2025, Taiwan’s IP Office (“TIPO”) ruled in the favor of sportswear giant Nike in its trademark opposition against trademark no. 02408725, citing a likelihood of confusion with Nike’s iconic swoosh designs (no. 00116848, no. 00063401, and no.00121534, see below ).

The contested trademark, 02408725, see below, was filed on March 25, 2024, and registered on October 16, 2024, designated for use in goods in Class 25, including clothing, shoes, sandals, slippers, leather shoes, hats, socks, etc. Nike filed opposition on January 16, 2025, alleging violations of Article 30.1.10 and 30.1.11 of Trademark Act.

The TIPO sided with Nike on April 29, 2025, cancelling the contested trademark based on 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 similar to a prior registered trademark, is used on similar goods or services, and therefore may cause confusion among the relevant consumers. 

2.        On similarity, TIPO noted that both the contested trademark and Nike’s trademarks featured tick-shaped symbols. Although the colors and shapes of the tick marks were different, and there were three small ball icons embedded in the contested trademark, TIPO still considered the overall visual impression of the contested trademark similar to Nike’s swoosh icons.

3.        On the designated products, TIPO found that the Nike’s trademarks also cover products like sneakers, socks, slippers, hats, and boots, which share similar purposes and functions with the goods covered by the contested trademark. Therefore, the designated products of the contested trademark resemble those of Nike’s trademarks.

4.        On the strength of the trademarks, TIPO recognized Nike’s swoosh design as inherently distinctive. Besides, the records submitted by Nike were sufficient to show that its trademarks have established strong recognition in the relevant consumers. Moreover, in a number of its prior determinations, TIPO already found Nike’s swoosh trademarks well-known in connection with shoes, footwear, and apparel. Consumers should be more familiar with Nike’s swoosh trademarks.

5.        In sum, give that there is similarity between the trademarks, the overlap of the designated goods overlap, the distinctiveness and strong recognition of Nike’s swoosh marks, TIPO concluded that registration of the contested trademark is likely to cause confusion among relevant consumers. 

As a result, the contested trademark was cancelled based on Article 30.1.10 of Trademark Act. 

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOgCccdpftC3toJ1P3HSeoLBp%2FVtAs%2F