On October 31, 2025, Taiwan’s IP Office (“TIPO”) ruled in favor of Smiley Company SPRL (“Smiley”), cancelling a contested trademark that was likely to create confusion with Smiley’s iconic “Smile” logos (Reg. No. 00804023 and 00891560, see below).
The contested trademark “Smile wheat ale & device” (Reg. No. 02351982, see below ) was filed by the Korean company Booth Ltd. on July 17, 2023, and granted on January 16, 2024. The trademark was designated for use in goods in Class 32, including beer, alcoholic beverages, non-alcoholic beer, etc. Smiley filed opposition on April 16, 2024, citing violation of Articles 30.1.10, 30.1.11, and 30.1.12 of Trademark Act.
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, designated for use in identical or similar goods or services, and hence likely to cause confusion among the relevant consumers.
2. On similarity, TIPO noted that the contested trademark consisted of a smile logo and text “Smile wheat ale”. Because wheat ale is descriptive, TIPO considered the dominant portion of the contested trademark to be the smile logo and the text “Smile”. Compared with Smiley’s “Smile” logos, TIPO found that both trademarks conveyed a similar visual and conceptual impression, and thus deemed the contested trademark similar to Smiley’s “Smile” logos.
3. Regarding the designated products, Smiley’s logos were also registered for beverages such as mineral water, soda, lemonade, juice, and beer. TIPO considered these similar to the product categories covered by the contested trademark.
4. While both the contested trademark and Smiley’s logos are distinctive, TIPO found that the similarity of the marks and the overlap in designated goods would nonetheless create confusion among the relevant consumers. Hence, the contested trademark was cancelled.
沒有留言:
張貼留言