2025年8月2日 星期六

Prada Wins Trademark Appeal Over "MIU MIU" in Taiwan

On July 17, 2025, the Petitions and Appeals Committee of Taiwan’s Ministry of Economic Affairs (“Committee”) sided with fashion brand Prada, confirming that the contested trademark “NIUNIU衣櫥” would create confusion with the well-known “MIU MIU” trademark (No. 163308 and No. 836654, see below).

The contested trademark, “NIUNIU衣櫥“ (No. 02256499, see below), was filed by a Ms. Lin on March 7, 2022, and granted on October 16, 2022, designated for use in goods in Class 25, including underwear, lingerie, bras, etc. Prada filed an opposition on January 13, 2023, citing violations of Articles 30.1.10, 30.1.11, and 30.1.12 of Trademark Act.

On February 26, 2025, Taiwan’s IP Office (“TIPO”) ruled in favor of Prada, finding similarity between the trademarks, and cancelling “NIUNIU衣櫥” based on Article 30.1.10 of the Trademark Act. Ms. Lin appealed.

Before the Committee, Ms. Lin argued that the font, style, and pronunciation of the contested trademark were different from those of Prada’s “MIU MIU”. Additionally, Ms. Lin’s products were mainly sold via online platforms, which she claimed did not overlap with Prada’s sales channels. Moreover, Ms. Lin argued that the contested trademark itself had also become famous after the successful sales of the underwear products. There should be no confusion between the contested trademark and Prada’s “MIU MIU”.

The Committee did not find Ms. Lin’s arguments persuasive:

1.        On similarity of the trademarks, the Committee found that “MIU MIU” and “NIUNIU” constitute the dominant portion of both trademarks, and the way the letter “N” is pronounced resembles that of the letter “M”. Thus, in its entirety, the Committee found “NIUNIU衣櫥” visually and verbally similar to “MIU MIU”.


2.        On similarity of the products, the Committee noted that the contested trademark was designated for use in various kinds of underwear and bras, and that Prada’s “MIU MIU” trademarks were designated for use in clothing and retail services of apparel. Hence, the designated products of the contested trademark shared similar functions and sales channels with those designated by Prada’s “MIU MIU” trademarks. 


3.        Although Ms. Lin argued that her products were sold via the internet, which should be distinguishable from Prada’s “MIU MIU”, the Committee elaborated that the similarity analysis of the product should be based on the registered trademark’s designated goods, not on how the products were actually sold. 


4.        As for the evidence of trademark use proposed by Ms. Lin, the Committee found that it was either not properly dated, or failed to show the contested trademark “NIUNIU衣櫥” clearly. Thus, it was groundless for Ms. Lin to claim that the contested trademark had become well-known among the relevant consumers. In the meantime, there were prior TIPO’s and Court’s decisions affirming the well-known status of Prada’s “MIU MIU” trademarks. Consumers should be more familiar with “MIU MIU” than “NIUNIU衣櫥”. 


5.  In view of the similarity between the trademarks, the overlap of the designated products, and the well-known status and strong brand recognition of “MIU MIU”, the Committee found that TIPO was correct in cancelling “NIUNIU衣櫥”. As such, Ms. Lin’s appeal was rejected accordingly.

 

Source:

1.        TIPO’s decision: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOjA8sXovu2Obze%2Fs2%2BIMVqqApPiNx%2B

2.    The Committee’s decision: https://pamsdmz.moea.gov.tw/pams-public/api/download/20250802_decisionDownload-A211403013_154509_557_MfVE5Y7m0z/

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