2025年10月18日 星期六

Louis Vuitton Successful in Trademark Opposition Against “LING YANG & Device”

On September 26, 2025, Taiwan’s IP Office (“TIPO”) cancelled trademark No. 02391812 “LING YANG & Device”, finding such trademark may cause confusion with Louis Vuitton’s iconic trademark “LV” (No. 02230670, see below).


The contested trademark, “LING YANG & Device” (No. 02391812, see below), was filed by a Ling Yang Ltd. on December 29, 2023, and granted on August 1, 2024, designated for use in goods in Class 12, including various types of bikes, electric automobiles, electric motorcycles, and the related parts and accessories. Louis Vuitton filed opposition on October 30, 2024, citing violations of Articles 30.1.10 and 30.1.11 of Trademark Act.

TIPO ruled in favor of Louis Vuitton based on Article 30.1.10, finding that:

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 mark, to be used in identical or similar goods or services, and therefore may create a likelihood of confusion among the relevant consumers.

2.        On similarity, both trademarks featured overlapping characters: in the contested trademark, “L” and “Y”; in Louis Vuitton’s trademark, “L” and “V”. From the viewpoint of ordinary consumers, the design and style of these overlapping characters demonstrated similar visual impression. While Ling Yang Ltd. argued that its trademark was designed to resemble an antelope, which pronounced as “LING YANG” in Chinese, TIPO considered the designer’s idea or intent irrelevant in similarity analysis, as such factors were subjective and ordinary consumers could not immediately perceive of when seeing the contested trademark. In sum, the contested trademark was found similar to Louis’s Vuitton’s “LV”.

3.        The contested trademark covered products in Class 12, such as bikes, scooters, and motorcycles, and their accessories. Similarly, Louis Vuitton’s “LV” was also designated for use in various kinds of bikes, automobiles, electric vehicles, and golf carts. Although LING YANG Ltd. contended that the price of bike sold by Louis Vuitton was much higher, TIPO explained that the analysis of product similarity was based on the designated goods, not on the actual products or pricing.

4.        On the strength of trademark, based on the extensive records of trademark use, including the sales of bikes featuring “LV”, and the wide media coverage such as ET FASION, ELLE, GQ, and Bella, TIPO agreed that Louis Vuitton “LV” has established strong brand recognition among the relevant consumers, and that consumers were more familiar with Louis Vuitton’s “LV”.

5.        In sum, given the similarity between the trademarks, the overlap of designated products, and the strong brand recognition established by “LV”, TIPO concluded that the registration of “LING YANG & Device” may create confusion. Hence, the contested trademark was cancelled accordingly.

 

Source: 

https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOlAcgco%2FupB1F%2FvG9YSGTMreIi1qJn

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Louis Vuitton Successful in Trademark Opposition Against “LING YANG & Device”

On September 26, 2025, Taiwan’s IP Office (“TIPO”) cancelled trademark No. 02391812 “LING YANG & Device”, finding such trademark may cau...