2025年8月17日 星期日

Apple successfully cancelled “APP LEMAN” trademark in opposition proceeding

On July 31, 2025, Taiwan’s IP Office (“TIPO”) cancelled the registered trademark “APP LEMAN”, finding such trademark to be confusingly similar to Apple Inc.’s iconic brand “APPLE” (Reg No. 01457997, 01591959, and 01438475, see below).

The contested trademark, “APP LEMAN” (Reg. No. 02348755, see below) was filed on May 25, 2023, and granted on January 1, 2024, covering services in Class 35, including advertising, online advertising, retail and wholesale of computer accessories, online auctions, consumer analysis for commercial and market purposes, retail and wholesale of computer hardware, retail and wholesale of computer software, etc. Apple Inc. filed opposition on March 28, 2024, citing violations of Articles 30.1.10 and 30.1.11 of Trademark Act.

TIPO sided with Apple Inc. on July 31, 2025, cancelling “APP LEMAN” based on Article 30.1.11 of Trademark Act:

1.        Article 30.1.11 of Trademark Act provides that a mark shall not be registered if such a mark is “identical or similar to another’s well-known trademark, and hence there exists likelihood of confusion, or damage of distinctiveness or reputation of such well-known trademark.”

2.        Based on the evidence submitted by Apple Inc., including the worldwide trademark registrations of “APPLE”, prior court’s decisions, TIPO’s decisions, catalogues of products, annual reports, and the relevant media coverages such as Forbes, Interbrand, and Fortune, TIPO agreed that “APPLE” has become well-known among the relevant consumers when the contested trademark filed for registration in 2023.

3.        The registrant argued that the contested trademark was based on a combination of “APP”, an ordinary word, and “LEMAN” a word without ordinary meaning. However, TIPO noted that the evidence of trademark use indicated that the registrant actually presented the contested trademark as “APPLE MAN”, instead of “APP LEMAN”. Thus, TIPO held that ordinary consumers may easily perceive the contested trademark as a combination of “APPLE” and “MAN”, which is similar to Apple Inc.’s well-known trademark.

4.        Further, “Apple” as a trademark is highly distinctive, and has established strong recognition among the relevant consumers. Besides, TIPO noted that the services covered by the contested trademark, such as the online advertising, and retail and wholesale of computer hardwares and accessories, are relevant to the designated products of Apple Inc.’s above well-known trademark. Therefore, TIPO concluded that there is relatedness between the designated services of the contested trademark and the designated products of Apple Inc.’s trademark.

5.        In light of the above, considering the well-known status of “APPLE”, the similarity between the two trademarks, the strong brand recognition of “APPLE”, and the relatedness between the designated products and services, TIPO held that the registration of “APP LEMAN” may create confusion among the relevant consumers. As a result, “APP LEMAN” was cancelled accordingly.

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOnBMscrfsUYODJJvM0wYQ295638WRL

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