Taiwan’s IP Office (“TIPO”) sided with Italian brand Moncler in its trademark opposition against “MONQUX”, finding the contested trademark would cause confusion with its classic icon “MONCLER & device” (Reg. No. 01429876, see below).
On October 1, 2025, TIPO ruled in favor of Moncler based on Article 30.1.10 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, to be used in identical or similar products or services, and hence may create confusion among the relevant consumers.
2. TIPO firstly noted that both trademarks consisted of a stylized and eye-catching letter “M” embedded in a circle in the upper half, and letters spread out evenly along the side of the circle in the lower half. From the viewpoint of visual and oral impression, both trademarks demonstrated similar arrangement and overall structure, and shared the same initial letters “MON”. TIPO therefore considered there is similarity between the two trademarks.
3. As to the designated products, Moncler’s trademark was also registered for apparel such as menswear, jacket, shirts, T-shirts, coats, suits, raincoats, swimsuits, etc., which are related to clothing and overlap with those designated by the contested trademark.
4. While both trademarks were distinctive, TIPO found that Moncler submitted extensive evidence of trademark use in Taiwan starting from 2013, including the establishment of the first flagship store in Taipei 101, continuous media coverages such as GQ Taiwan, Marie Claire, Elle, Vogue, and TIPO’s prior determination finding “Moncler” a well-known trademark. Since there was no evidence supporting the use of the contested trademark, TIPO concluded that the relevant consumers should be more familiar with Moncler’s trademark.
5. In view of the above, given the similarity between the trademarks, the overlap of the designated products, the distinctiveness and strong brand recognition among the relevant consumers, TIPO concluded that the registration of the contested trademark may create confusion with Moncler’s famous icon. The contested trademark was cancelled accordingly.
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