2025年7月19日 星期六

Taiwan’s IP Office found “CHANTE’” confusingly similar to “CHANEL”

On June 25, 2025, Taiwan’s IP Office (“TIPO”) canceled the contested trademark “CHANTE’” in an opposition filed by Chanel, finding that the contested trademark is confusingly similar to Chanel’s well-known icon “CHANEL” (no. 01848463 and no. 01849570, see below).

The contested trademark, “CHANTE’” (no. 02369583, see below), was filed by Fei-Chang-Yi-Zhuo Limited (“FCYZ”) on June 21, 2023, and granted on April 16, 2024, designated for use in goods in Class 25, including suit, dress, pants, skirts, women’s clothing, underwear, swimwear, etc. Chanel filed opposition on July 11, 2024, alleging violations of Articles 30.1.10 and 30.1.11 of Trademark Act.

TIPO ruled in Chanel’s favor on June 25, 2025 based on Article 30.1.10:

1.        Article 30.1.10 of Trademark Act provides that a mark shall not be registered if such a mark is identical or similar to another’s registered trademark, is applied for use in identical or similar goods or services, and hence creates likelihood of confusion among the relevant consumers.


2.        TIPO found “CHANTE’” and “CHANEL” are visually and structurally similar, as both start with “CH” and contain six characters. The difference between the last two letters (“TE” v.s. “EL”) was minor. While FCYZ argued that “CHANTE’” is French, and should be distinguishable in pronunciation and meaning, TIPO disagreed, noting that French is not a commonly understood by consumers in Taiwan, who are unlikely to perceive the term “CHANTE’” as a French word.


3.        On the designated products, TIPO found “CHANEL” was designated for use in clothing and footwear, which are similar or complimentary in nature to the apparel items listed under “CHANTE’”. As such, TIPO considered the designated products of “CHANTE’” overlap with those of “CHANEL.”


4.        On the strength of trademark, TIPO acknowledged the substantial evidence submitted by Chanel to demonstrate its fame, including the media coverage, sales data, and prior official findings recognizing the well-known status of “CHANEL”. To the contrary, the supporting materials provided by FCYZ were either not undated or failed to show the actual use of “CHANTE’”. TIPO therefore concluded that consumers should be more familiar with “CHANEL”.


5.        In view of the above, given that there is similarity between the trademarks, the overlap of the designated products, the well-known status of “CHANEL”, and Chanel’s strong brand recognition, TIPO held the registration of the contested trademark would likely create confusion among the relevant consumers. Hence, the contested trademark was canceled accordingly.

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOmBMwQrft9%2F97D7TgwoLk6HpqH3IPD

沒有留言:

張貼留言

Taiwan’s IP Office found “CHANTE’” confusingly similar to “CHANEL”

On June 25, 2025, Taiwan’s IP Office (“TIPO”) canceled the contested trademark “CHANTE’” in an opposition filed by Chanel, finding that the ...