DC Comics Prevailed in Opposition for Its Well-known Batman Trademarks

In a trademark opposition initiated by DC Comics (“DC”), Taiwan’s IP Office (“TIPO ”) cancelled the contested trademark “4X4 TEAM & Device”, finding that it would likely cause confusion with DC’s famous Batman icons (Reg. No. 00107465, 00045938, and 02146215, see below).

The contested trademark, “4X4 TEAM & Device” (Reg. No. 02442629, see below), was filed on June 26, 2024, and granted on March 16, 2025, designated for use in services in Class 35, including advertising design, development of marketing concept, advertising, design of catalogue, market research, poll surveys, public relationship, internet shopping, retail services for downloadable digital music, etc. DC filed an opposition on June 13, 2025, alleging violation of Articles 30.1.10, 30.1.11, and 30.1.12 of Trademark Act.

On November 26, 2025, TIPO ruled in the favor of DC, finding that:

1.        Article 30.1.11 of Trademark Act provides that a mark shall not be registered if it is identical or similar to another’s well-known mark, and hence may cause confusion among the relevant consumers, or may harm or dilute the reputation or distinctiveness of such well-known mark.  

2.        Based on extensive evidence of trademark use submitted by DC, including the sales of licensed merchandise, worldwide trademark registrations, media coverages, film series released between 1992 and 2016, and TIPO’s prior supporting determinations, TIPO agreed that before the filing date of the contested trademark, DC’s Batman icons had already become well-known in the relevant entertainment sector, such as movie, apparel, toys, and backpacks.

3.        Both the contested trademark and DC’s cited trademark featured a bat image with spread wings and pointed ears. From the viewpoint of ordinary consumers, the contested trademark is visually and conceptually similar to DC’s well-known trademarks.

4.        Given the extensive recognition of DC’s Batman icons, their distinctiveness serve as strong source identifiers for consumers. Moreover, as the bat-signal scene projecting the Batman logo has become so iconic and widely recognized by the general public, TIPO found that the contested trademark’s adoption of a similar circular icon design demonstrated an intent to create an association with DC’s famous brand.

5.        In view of the above, considering the well-known status and strong distinctiveness of DC’s Batman logos, the high degree of similarity between the marks, and the applicant’s intent to create association with DC’s trademarks, TIPO concluded the registration of the contested trademark, even for different services, would likely dilute the strong and singular association of DC’s well-known Batman trademarks. Hence, the contested trademark was cancelled accordingly.

 

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOqAswVrfsfUrxgssWRoHh7ft3OvgBC