Cummins Inc. prevailed in trademark opposition against Centrotherm International AG

On August 28, 2025, Taiwan’s IP Office (“TIPO”) cancelled a contested trademark featuring the letter “C“, finding it confusingly similar to the iconic brand of Cummins Inc. (“Cummins”) (Reg. No. 00180008, see below)

The contested trademark, Reg. No. 02332870 (see below), was filed by Centrotherm International AG (“Centrotherm”) on February 13, 2023, and granted on November 1, 2023, designated for use in services in Class 37, including the maintenance, installation, and repair of solar battery, semiconductor, and related machines tool and parts. Cummins filed an opposition on January 22, 2024, alleging violations of Articles 30.1.10, 30.1.11, and 30.1.12 of the Trademark Act.

On August 28, 2025, TIPO sided with Cummins, cancelling Centrotherm’s trademark based on Article 30.1.10:

1.     According to Article 30.1.10 of Trademark Act, a mark shall not be registered if such a mark is identical or similar to another’s registered mark, designated for use in identical or similar goods or services, and is therefore likely to cause confusion among the relevant consumers.

2.     Here, both Cummins’ and Centrotherm’s trademarks prominently featured the letter “C”, creating visual and conceptual similarity. While Centrotherm’s trademark used a red-and-white scheme and Cummins’ “C” included the embedded word “Cummins”, these differences were minor and did not reduce the degree of similarity between the two trademarks.

3.     On the designated services, TIPO noted that Cummins’ cited trademark covered maintenance and repair services for engines, generators, and the relevant parts. Since both Cummins’ and Centrotherm’s trademarks were used for the maintenance, installation, and repair services of machines in the related industries, TIPO considered consumers would view these services highly similar to each other.

4.     Further, TIPO recognized Cummins’ trademark as distinctive, and has established consistent and strong recognition in the market through continuous use since 1976. Although Cummins sometimes used the letter “C” in red and other times in black, TIPO considered the letter “C” to be the most dominant and recognizable element. 

5.     Centrotherm submitted evidence to prove its trademark has established strong recognition, and could co-exist with Cummins’ trademark without raising confusion. However, TIPO found these materials unpersuasive, as much of them were undated or failed to show the actual use of Centrotherm’s trademark.

6.     In light of the above, given the similarity between the trademarks, the relatedness of the designated services, and the strong brand recognition of Cummins’ trademark, TIPO concluded that registration of Centrotherm’s trademark may create confusion. The the contested trademark was cancelled accordingly.

 

Source: 

https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOkAssUpPtLmwgXonwL4rDx00SWt397