Tommy Hilfiger Prevails in Trademark Opposition Against “HbyFIGER”

 Taiwan’s IP Office (“TIPO”) ruled in the favor of Tommy Hilfiger Licensing B.V. (“Tommy Hilfiger”) in a trademark opposition proceeding, finding that the contested trademark “HbyFIGER” would likely cause confusion with Tommy Hilfiger’s iconic “TOMMY HILFIGER” trademarks (Reg. No. 00373193, 00770608, 00478393, 00478632, and 00770686, see below).

The contested trademark, “HbyFIGER” (Reg. No. 02357847, see below), was filed on July 28, 2023, and granted on February 16, 2024. The trademark covered products in Class 25, including sports shirts, clothing, kimonos, raincoats, shoes, ties, socks, shoes, scarves, etc. Tommy Hilfiger filed opposition on May 16, 2024, alleging violations of Articles 30.1.10, 30.1.11, and 30.1.12 of Trademark Act. 

On November 27, 2025, TIPO ruled in the favor of Tommy Hilfiger, finding the contested trademark shall be cancelled 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 other’s registered trademark, and designated for use on identical or similar goods or services, thereby being likely to create confusion among the relevant consumers.

2.        On similarity, while the “TOMMY HILFIGER” trademark may also contain additional red, white, and blue design elements, TIPO noted that consumers would perceive “TOMMY HILFIGER” the dominant portion of the cited trademarks. Given that the “HILFIGER” in the cited trademarks and “HbyFIGER” both share the same beginning and ending letters, TIPO considered the contested trademark to be visually and phonetically similar to Tommy Hilfiger’s cited trademarks. The degree of similarity is intermediate.

3.        On the designated use of products, both trademarks covered similar product categories, such as clothing, shoes, and other accessories. TIPO therefore opined that the designated products overlap. 

4.        Based on extensive evidence submitted by Tommy Hilfiger, including the media coverages, news reports, and the operation of physical stores in Taipei 101, Breeze Center, Sogo, and Shin Kong Mitsukoshi, TIPO recognized that the cited “TOMMY HILFIGER” trademarks have established strong brand recognition in Taiwan. Hence, consumers shall be more familiar with the cited trademarks. 

5.        In view of the similarity between the two trademarks, the overlap of the designated products, and the distinctiveness and strong brand recognition of “TOMMY HILFIGER”, TIPO concluded that the registration of the contested trademark may cause confusion with the cited trademarks. The contested trademark was cancelled accordingly.

 

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOqAscXrPs2imjJzcYrNjzPI454aONy