2026年9月5日 星期六

Taiwan’s IP Office cancels “DarkKNIGHT” Trademark Following Opposition by DC Comics

On June 30, 2026, Taiwan’s IP Office (“TIPO”) cancelled the contested trademark “DarkKNIGHT” following DC Comics’ opposition, finding the contested trademark confusingly similar to DC Comics’ iconic trademark for its caped crusader (See below, available at: https://www.warnerbros.com/movies/dark-knight).

The contested trademark, “DarkKNIGHT” (Reg. No. 02426026, see below), was filed on April 24, 2024, and registered on January 1, 2025, by Chimera Multinational Co. Ltd. (“Chimera”), a company specializing in heat transfer applications such as PU and PET films. The mark covered heat transfer films, industrial adhesive films, waterproof plastic films (not for package), etc. DC Comics filed opposition on March 31, 2025, alleging that registration of “DarkKNIGHT” would cause confusion with its well-known “The Dark Knight” trademark, and thus shall be cancelled according to Article 30.1.11 of Trademark Act.

TIPO ruled in DC Comics’ favor on June 30, 2026, finding that:

1.      “The Dark Knight” was the title of DC Comics’ 2008 blockbuster superhero movie, and has sustained worldwide recognition. Comprehensive global marketing campaigns, extensive merchandise licensing (e.g., DVDs, phone charms, keychains, Bluetooth headsets, cosmetics, binoculars, and MP3 players), and the continuous multi-platform media exposure (e.g., YouTube, HBO, etc.), sufficiently established that prior to the filing date of the contested trademark, “The Dark Knight” as a trademark had been well-known in Taiwan for comic books, movies, and the relevant merchandise.

2.      On similarity, the contested trademark is nearly identical to the well-known “The Dark Knight Trademark”, differing only in capitalization and the omission of the definite article “The”. Ordinary consumers would find “DarkKNIGHT” visually, conceptually, and verbally similar to “The Dark Knight”.

3.      Additionally, DC Comics has established strong brand recognition for its “The Dark Knight” trademark, expanding into a wide array of consumer products, including apparel, toys, stationery, video games, watches, etc. Consumers should be more familiar with DC Comics’ well-known trademark.

4.      Although the contested trademark was designated for industrial film goods, the underlying technology, i.e., using heat or pressure to transfer text or image onto substrates, is routinely adopted in manufacturing apparel, toys, and 3C accessories, the goods associated with DC Comics’ merchandise. TIPO therefore considered there is relatedness between the respective scopes of goods.

5.      In view of the well-known status of “The Dark Knight”, the high similarity between the marks, the commercial connection between the products, and the strong brand recognition, TIPO concluded that the registration of the contested trademark would cause confusion with DC Comics’ well-known “The Dark Knight”. Chimera’s contested trademark was cancelled accordingly.

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNQI%2BOmAssdrPvFuums0kvFzAgngnGhO2d2

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Taiwan’s IP Office cancels “DarkKNIGHT” Trademark Following Opposition by DC Comics

On June 30, 2026, Taiwan’s IP Office (“TIPO”) cancelled the contested trademark “DarkKNIGHT” following DC Comics’ opposition, finding the co...