On May 21, 2026, Taiwan’s IP Office (“TIPO”) dismissed a trademark opposition filed by Laying Down and Drinking Co., Ltd. against the trademark "Nonbiri Coffee Shop & Device," determining that there is no likelihood of confusion with the opposer's "NAP TEA", a sloth-themed trademarks (Reg. No. 02087358, see below).
1. Although both parties use a sloth as their design theme, their visual structures, postures, and specific features differ significantly. Further, the distinct textual elements, i.e., "Nonbiri Coffee Shop" in the contested mark, are dissimilar to the "NAP TEA" in the opposer's mark, which allows consumers to easily distinguish between them.
2. On similarity of service, both marks target the same beverage and catering service markets, which generally increases the risk of consumer confusion if marks are similar.
3. Evidence shows the opposer's marks have gained considerable reputation in the beverage shop market through extensive media coverage and store expansion. However, trademark search results show numerous prior registrations incorporating sloth designs for identical or similar catering services. Therefore, from consumer’s perspective, a generic sloth graphic possesses weak distinctiveness and does not connect exclusively to a single source.
4. While the services are highly similar, the distinct visual designs and low similarity between the trademarks, combined with the low inherent distinctiveness of sloth graphics in the designated service sector, lead to the conclusion that ordinary consumers are unlikely to misidentify the services as originating from the same or an affiliated source.
In view of the above, TIPO concluded that the registration of the contested trademark does not violate Article 30, Paragraph 1, Subparagraph 10 of the Trademark Act, and therefore denied the opposition against the contested trademark.
