2026年3月22日 星期日

Dior Came Out on Top in Trademark Opposition for its “CD” Icon

On February 26, 2026, Taiwan’s IP Office (“TIPO”) ruled in the favor of French brand Dior, cancelling the contested trademark “CD & device” due to likelihood of confusion with Dior’s well-known “CD” icon (Reg. No. 01719065, see below).

The contested trademark, “CD & device” (Reg. No. 02363933, see below), was filed on April 24, 2023, and registered on March 16, 2024. The mark covered services in Class 41, including education, vocational training, coaching, and tutoring. Dior filed opposition on June 14, 2024, alleging that the registration of the contested trademark violated Article 30.1.11 of Trademark Act.

TIPO sided with Dior on February 26, 2026, reasoning that:

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

2.        Based on the supported evidence, including the continuous media coverage on ELLE, VOGUE, Bella, and Marie Claire from 2014 to 2022; the extensive marketing and advertising for products, records of trademark registrations, and TIPO’s prior determination, TIPO agreed that prior to the filing date of the contested trademark, Dior’s “CD” brand was already well-known in the field of cosmetics, perfume, and related products.

3.        On similarity, while the contested trademark consists of English letters “CD”, “Cut Dye Hair”, Chinese characters “剪染學苑”, and a scissor design, the large and stylized “C” and “D” constitute the dominant elements of the entire trademark. The registrant of the contested trademark argued that the use of “C” and “D” was originated from the idea to combine the initials of “Cut” and “Dye”, but TIPO found the subjective intent of the registrant irrelevant when determining similarity. From consumer’s viewpoint, the contested trademark would still be considered phonetically and visually similar to Dior’s trademark.

4.        Further, aside from cosmetic and perfume, records showed that Dior has expanded its “CD” brand to other product and service categories, such as beauty salon and hair spray. To the contrary, the evidence submitted to support the use of the contested trademark was quite thin. As such, consumers should be more familiar with Dior’s “CD” trademark.

In view of the above, considering that Dior’s “CD” trademark is well-known, that there is similarity between the two trademarks, and that Dior has established strong brand recognition among the consumers, TIPO concluded that the contested trademark may cause confusion. Accordingly, the registration of the contested trademark was cancelled.

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNQI%2BOjAMgWp%2FvBUcXDTxLxJysOCO7gbgo%2F

2026年3月14日 星期六

Spanish Brand TOUS Prevailed in Trademark Opposition for its “Tous Bear” Icon

On February 12, 2026, Spanish brand S. TOUS S.L. (“TOUS”) prevailed in its trademark opposition against the contested trademark “40 & device”, convincing Taiwan’s IP Office (“TIPO”) that the contested trademark may create confusion with TOUS’s popular “Tous Bear” icon (Reg. No. 01146016, see below).

The contested trademark, “40 & Device” (Reg. No. 02307204, see below), was filed by APM Monaco S.A.M. on October 6, 2022, and registered on July 16 ,2023. The contested trademark was designated for use in Class 14 goods, including jewelry, rings, necklaces, watches, bracelets, etc.

TOUS filed an opposition on September 1, 2023, alleging that the registration of the contested trademark violated Articles 30.1.10, 30.1.11, and 30.1.12 of Trademark Act.

TIPO ruled in TOUS’s favor based on Article 30.1.10, reasoning that:

1.        Both trademarks depict a bear in circular shape. The contested trademark places a number “40” in the center, while TOUS’s trademark contains three dots that represent the bear’s eyes and nose. Since both trademarks are registered for use in jewelry and luxury, which are typically small in size, the aforesaid differences may be too minor for the consumers to notice during the purchasing process. In other words, the bear contour constitutes the dominant element, and consumers of ordinary degree of care would consider both trademarks conceptually and visually similar.

2.        On the issue of designated products, both trademarks cover precious metal ornaments, such as rings, bracelets, necklaces, watches, and jewelry. As such, the designated products of the two trademarks overlap.

3.        While both trademarks are distinctive, evidence of trademark use shows that TOUS’s trademark has established strong recognition in Taiwan. For example, the record includes continuous media coverage between 2009 and 2022 across internet platforms, blogs, and forums, and the appointment of the sales agent in Taiwan. Hence, consumers should be more familiar with TOUS’s trademark.

4.        Further, both trademarks are actually used on earrings, rings, and small ornaments that incorporate a bear-shaped contour. Because these products usually are small in size and often feature similar color designs, ordinary consumers may find it difficult to distinguish the differences in the bears’ facial details.

In view of the above, given the similarity between the trademarks, the overlap of the designated product category, TOUS’s strong brand recognition, and likelihood of consumer confusion, TIPO concluded that the contested trademark violated Article 30.1.10 of Trademark Act. The registration of the contested trademark was cancelled accordingly.

 

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNQI%2BOiCMoWpvsj0thJkyNt%2FEB2XkWceYmi


2026年3月7日 星期六

Bandai Prevailed in Trademark Opposition for Its “GASHAPON” Mark

On January 29, 2026, Taiwan’s IP Office (“TIPO”) ruled in favor of Bandai Co. Ltd. (“Bandai”), cancelling the contested trademark due to the similarity with Bandai’s iconic “GASHAPON” trademark (Reg. No. 02181227, see below).

The contested trademark, “蛋樂寶COFFEE & GASHAPON & device” (Reg. No. 02229259, see below), was filed on June 28, 2021, and registered on June 16, 2022, designated for use in Class 35 services, including retail and wholesale of household daily necessities, online shopping, shopping malls, convenience stores, department stores, export and import agency services, grocery stores, etc. Bandai filed an opposition on September 14, 2022, alleging that registration of the contested trademark violated Articles 30.1.10, 30.1.11, and 30.1.12 of Trademark Act.

TIPO found in favor of Bandai based on Article 30.1.10 of Trademark Act. In its decision, TIPO held that:

1.        The contested trademark consists of the Chinese words “蛋樂寶”, the English words “COFFEE & GASHAPON”, and a design depicting a capsule toy vending machine. Since both Bandai’s trademark and the contested trademark contain the word “GASHAPON”, there is verbal and conceptual similarity. Besides, as Bandai has been famous for its capsule toys, the design of a capsule toy vending machine in the contested trademark may further enhance the association with Bandai’s “GASHAPON” trademark. Hence, the contested trademark was found similar to Bandai’s “GASHAPON” trademark.

2.        Based on the registered service categories, both trademarks relate to retail activities involving daily household goods. Additionally, according to the evidence submitted by Bandai, the contested trademark has been used in advertising toys, capsule toys, and collectible figures, which overlap with Bandai’s business.

3.        In view of the extensive evidence submitted by Bandai, including the news reports from DIG JAPAN!, GirlStyle, Japan Walker, and Toy Journal; the records of product sales and market share; and the trademark registrations in U.S., Japan, China, Hong Kong, Vietnam, and Korea, Bandai has established strong brand image for its “GASHAPON”. Consumers are more familiar with Bandai’s trademark, which should be awarded with broader scope of protection.

Based on the above, given the similarity between the two trademarks, the overlap of services categories, and the strong brand image of Bandai’s “GASHAPON”, TIPO concluded that the contested trademark may create confusion. As such, registration of the contested trademark was cancelled accordingly.

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNQI%2BOiB8oSo%2FtvA4eCQuftWhOvnl%2BytQtW

Dior Came Out on Top in Trademark Opposition for its “CD” Icon

On February 26, 2026, Taiwan’s IP Office (“TIPO”) ruled in the favor of French brand Dior, cancelling the contested trademark “CD & devi...