2025年12月7日 星期日

Taiwan’s IP Office cancelled “BOS” for likelihood of confusion with “HUGO BOSS”

On October 27, 2025, Taiwan’s IP Office (“TIPO”) ruled in the favor of Hugo Boss AG (“HB”), cancelling the contested trademark “BOS” over likelihood of confusion with the famous icon of the fashion brand (Reg. No. 00174072, 01552958, 01965218, and 02267311, see below).



The contested trademark, “BOS” (Reg. No. 02386355, see below), was filed on August 29, 2023, and granted on July 1, 2024. It covered services in Class 35, including advertisements, marketing, etc. HB filed opposition on September 30, 2024, citing violation of Articles 30.1.10 and 30.1.11 of Trademark Act.

TIPO cancelled the contested trademark based on Article 30.1.10:

 

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 may raise confusion among the relevant consumers.

2.    TIPO noted that “BOSS” constituted the dominant portion of HB’s cited trademarks, and that both “BOS” and “BOSS” shared the same letters “BOS”. The lack of additional “S” in the contested trademark was only minor difference. TIPO considered “BOS” visually and verbally similar to HB’s “BOSS”.

3.    On the designated services, TIPO found HB’s cited trademarks covered similar services. For example, the No. 00174072 trademark covered services for market research, and marketing consultations; the No. 01552958 trademark covered services for online shopping and advertising; the No. 01965218 trademark covered market promotion, market analysis, and advertisement; and the No. 02267311 trademark covered marketing and distribution consultation, advertisement, and enterprise consultation and managements. TIPO considered these services overlapped with those designated by the contested trademark.

4.    Further, based on extensive evidence of trademark use throughout the past 40 years, HB’s “HUGO BOSS” and “BOSS” trademarks have become well-known in the field of perfume, apparel, and other fashionable accessories. As such, consumers in Taiwan shall be more familiar with HB’s “HUGO BOSS” and “BOSS”.

5.    In view of the similarity between “BOS” and “BOSS”, the overlap and relatedness of the designated services, and the strong brand recognition among the relevant consumers, TIPO considered the registration of “BOS” may create confusion with HB’s cited trademarks. Hence, the contested trademark was cancelled accordingly.

 

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOlB8oTp%2Fsw4WvCMPtSe%2BpxOS2pAUY6

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Taiwan’s IP Office cancelled “BOS” for likelihood of confusion with “HUGO BOSS”

On October 27, 2025, Taiwan’s IP Office (“TIPO”) ruled in the favor of Hugo Boss AG (“HB”), cancelling the contested trademark “BOS” over li...