2025年8月2日 星期六

Prada Wins Trademark Appeal Over "MIU MIU" in Taiwan

On July 17, 2025, the Petitions and Appeals Committee of Taiwan’s Ministry of Economic Affairs (“Committee”) sided with fashion brand Prada, confirming that the contested trademark “NIUNIU衣櫥” would create confusion with the well-known “MIU MIU” trademark (No. 163308 and No. 836654, see below).

The contested trademark, “NIUNIU衣櫥“ (No. 02256499, see below), was filed by a Ms. Lin on March 7, 2022, and granted on October 16, 2022, designated for use in goods in Class 25, including underwear, lingerie, bras, etc. Prada filed an opposition on January 13, 2023, citing violations of Articles 30.1.10, 30.1.11, and 30.1.12 of Trademark Act.

On February 26, 2025, Taiwan’s IP Office (“TIPO”) ruled in favor of Prada, finding similarity between the trademarks, and cancelling “NIUNIU衣櫥” based on Article 30.1.10 of the Trademark Act. Ms. Lin appealed.

Before the Committee, Ms. Lin argued that the font, style, and pronunciation of the contested trademark were different from those of Prada’s “MIU MIU”. Additionally, Ms. Lin’s products were mainly sold via online platforms, which she claimed did not overlap with Prada’s sales channels. Moreover, Ms. Lin argued that the contested trademark itself had also become famous after the successful sales of the underwear products. There should be no confusion between the contested trademark and Prada’s “MIU MIU”.

The Committee did not find Ms. Lin’s arguments persuasive:

1.        On similarity of the trademarks, the Committee found that “MIU MIU” and “NIUNIU” constitute the dominant portion of both trademarks, and the way the letter “N” is pronounced resembles that of the letter “M”. Thus, in its entirety, the Committee found “NIUNIU衣櫥” visually and verbally similar to “MIU MIU”.


2.        On similarity of the products, the Committee noted that the contested trademark was designated for use in various kinds of underwear and bras, and that Prada’s “MIU MIU” trademarks were designated for use in clothing and retail services of apparel. Hence, the designated products of the contested trademark shared similar functions and sales channels with those designated by Prada’s “MIU MIU” trademarks. 


3.        Although Ms. Lin argued that her products were sold via the internet, which should be distinguishable from Prada’s “MIU MIU”, the Committee elaborated that the similarity analysis of the product should be based on the registered trademark’s designated goods, not on how the products were actually sold. 


4.        As for the evidence of trademark use proposed by Ms. Lin, the Committee found that it was either not properly dated, or failed to show the contested trademark “NIUNIU衣櫥” clearly. Thus, it was groundless for Ms. Lin to claim that the contested trademark had become well-known among the relevant consumers. In the meantime, there were prior TIPO’s and Court’s decisions affirming the well-known status of Prada’s “MIU MIU” trademarks. Consumers should be more familiar with “MIU MIU” than “NIUNIU衣櫥”. 


5.  In view of the similarity between the trademarks, the overlap of the designated products, and the well-known status and strong brand recognition of “MIU MIU”, the Committee found that TIPO was correct in cancelling “NIUNIU衣櫥”. As such, Ms. Lin’s appeal was rejected accordingly.

 

Source:

1.        TIPO’s decision: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOjA8sXovu2Obze%2Fs2%2BIMVqqApPiNx%2B

2.    The Committee’s decision: https://pamsdmz.moea.gov.tw/pams-public/api/download/20250802_decisionDownload-A211403013_154509_557_MfVE5Y7m0z/

2025年7月27日 星期日

Nike prevailed in trademark opposition against “SNKRS LAB”

On June 27, 2025, Taiwan’s IP Office (“TIPO”) ruled in favor of Nike, cancelling the contested trademark that was confusingly similar to the sports giant’s famous trademark “SNKRS” (No. 01837088, see below).

The contested trademark, “SNKRS LAB” (No. 02330939, see below), was filed by Kaokuan International Trading Company (“Kaokuan”) on April 11, 2023, and granted on October 16, 2023, designated for use in goods in Class 1 (desiccant), 3 (detergents, foot deodorants, air fragrances, stain removers, etc.), 16 (paper towels, stickers, paper boxes, posters, photographs, publications, etc.), and 21 (shoe brushes, shoe stretchers, shoe horns, etc.). Nike filed an opposition on January 15, 2024, citing violations of Articles 30.1.10 and 30.1.11 of the Trademark Act.

TIPO sided with Nike on June 27, 2025, cancelling the contested trademark based on Article 30.1.11 of the Trademark Act.

1.        Article 30.1.11 of the Trademark Act provides that a mark shall not be registered if such a mark is identical or similar to another’s well-known trademark, hence there exists likelihood of confusion among the relevant consumers, or likelihood of harm to the reputation or dilution to the distinctiveness of the well-known trademark.

2.        According to the records, Nike’s “SNKRS” has established strong brand recognition in the relevant markets through the successful launch of Nike’s SNKRS APP, continuous media coverage, sales campaigns, and marketing events (such as SNKRS Day). TIPO therefore found that on the filing date of the contested trademark, Nike’s “SNKRS” had become well-known in the fields of apps, online shopping services for apparel, and sneakers.

3.        On similarity, TIPO found that although there were some decorative elements in the contested trademark, consumers would still perceive the mark as “SNKRS LAB”. Besides, “LAB” is the abbreviation of “laboratory” and is considered descriptive, so “SNKRS” constitutes the dominant element of the contested trademark. Accordingly, TIPO considered the contested trademark visually, verbally, and conceptually similar to NIKE’s “SNKRS”.

4.        “SNKRS” has no ordinary meaning, and TIPO noted that there were no other registrants, except for Kaokuan and Nike, who had registered “SNKRS” as their trademarks. Thus, “SNKRS” should be highly distinctive.

5.        Given that the well-known status of Nike’s “SNKRS”, TIPO posited that the consumers should be more familiar with Nike’s trademark, and that Kaokuan should have known of Nike’s “SNKRS” when filing the application of contested trademark. Hence, TIPO inferred that the application was not filed in good faith.

6.        Since the designated products of the contested trademark, such as desiccant, detergents, shoe horn, shoe brush, and deodorants, are complementary items that could be used or distributed in association with shoes and apparel, TIPO considered these products to be related to the designated products of NIKE’s “SNKRS”.

7.        Based on the above, given that “SNKRS” is distinctive and well-known, that there is similarity between the trademarks, that consumers are more familiar with Nike’s “SNKRS”, and that the designated goods are related, TIPO concluded that registration of the contested trademark would create confusion among consumers. The contested trademark was cancelled accordingly.

 

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOmBMYTrPtBmEfb1ELXco%2Bpc1TicPVd

2025年7月19日 星期六

Taiwan’s IP Office found “CHANTE’” confusingly similar to “CHANEL”

On June 25, 2025, Taiwan’s IP Office (“TIPO”) canceled the contested trademark “CHANTE’” in an opposition filed by Chanel, finding that the contested trademark is confusingly similar to Chanel’s well-known icon “CHANEL” (no. 01848463 and no. 01849570, see below).

The contested trademark, “CHANTE’” (no. 02369583, see below), was filed by Fei-Chang-Yi-Zhuo Limited (“FCYZ”) on June 21, 2023, and granted on April 16, 2024, designated for use in goods in Class 25, including suit, dress, pants, skirts, women’s clothing, underwear, swimwear, etc. Chanel filed opposition on July 11, 2024, alleging violations of Articles 30.1.10 and 30.1.11 of Trademark Act.

TIPO ruled in Chanel’s favor on June 25, 2025 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, is applied for use in identical or similar goods or services, and hence creates likelihood of confusion among the relevant consumers.


2.        TIPO found “CHANTE’” and “CHANEL” are visually and structurally similar, as both start with “CH” and contain six characters. The difference between the last two letters (“TE” v.s. “EL”) was minor. While FCYZ argued that “CHANTE’” is French, and should be distinguishable in pronunciation and meaning, TIPO disagreed, noting that French is not a commonly understood by consumers in Taiwan, who are unlikely to perceive the term “CHANTE’” as a French word.


3.        On the designated products, TIPO found “CHANEL” was designated for use in clothing and footwear, which are similar or complimentary in nature to the apparel items listed under “CHANTE’”. As such, TIPO considered the designated products of “CHANTE’” overlap with those of “CHANEL.”


4.        On the strength of trademark, TIPO acknowledged the substantial evidence submitted by Chanel to demonstrate its fame, including the media coverage, sales data, and prior official findings recognizing the well-known status of “CHANEL”. To the contrary, the supporting materials provided by FCYZ were either not undated or failed to show the actual use of “CHANTE’”. TIPO therefore concluded that consumers should be more familiar with “CHANEL”.


5.        In view of the above, given that there is similarity between the trademarks, the overlap of the designated products, the well-known status of “CHANEL”, and Chanel’s strong brand recognition, TIPO held the registration of the contested trademark would likely create confusion among the relevant consumers. Hence, the contested trademark was canceled accordingly.

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOmBMwQrft9%2F97D7TgwoLk6HpqH3IPD

2025年7月13日 星期日

Dior prevailed in trademark dispute for its famous “J’ADORE” trademark

On June 11, 2025, the Petitions and Appeals Committee of Taiwan’s Ministry of Economic Affairs (the “Committee”) ruled in the favor of Dior, affirming the determination of Taiwan’s IP Office (“TIPO”) that the contested trademark shall be canceled due to likelihood of confusion with Dior’s famous “J’ADORE” trademark (no. 00832697, see below).



The contested trademark, “J’adore” (no. 01524570, see below), was filed on October 28, 2011, and granted on July 1, 2012, designated for use in goods in Class 9, including eyeglasses, components for eyeglasses, and optically corrective lenses. Dior filed invalidation on January 15, 2024, alleging violation of Article 30.1.11 of Trademark Act.



On December 27, 2024, TIPO sided with Dior. Although Dior’s “J’ADORE” covered fashion products like perfumes and fragrances, which were different from the eyeglasses products designated by the contested trademark, TIPO found eyeglasses are often used as fashionable and decorative accessories. As such, using a mark that is identical to Dior’s famous trademark, even though in different product category, may still create confusion. The registrant appealed, arguing that Dior’s evidence was insufficient to prove that its “J’ADORE” was famous prior to 2011, and that the designated products of the two trademarks were unrelated. 

The Committee rejected the registrant’s appeal based on the following:

1.        Based on the evidence submitted by Dior, aside from international marketing and sales records, there were sufficient local materials backing the well-known status of “J’ADORE”. For example, coverage in Taiwanese newspapers, Dior’s own webpage, presence in popular department stores like SOGO, Taipei 101, Far Eastern, Shin Kong Mitsukoshi, etc., and the records of online news reports from 1999 to 2011, all showed that when the contested trademark was filed in 2011, Dior’s “J’ADORE” had been famous in the field of perfumes and fragrances. TIPO’s finding was well supported by the submitted evidence.

2.        As to the difference in designated product categories, the Committee found that TIPO was correct in finding relatedness between the products covered by the two trademarks. In fact, it is quite common for eyeglasses to be marketed as fashion items, which could pair with other accessories to enhance one’s personal appearance. To this extent, the products covered by the contested trademark are related to Dior’s perfumes and fragrance, which were used to improve personal appeal. 

3.        Further, “J’ADORE” is not a common word. Registrant’s choice of using exactly the same word as trademark in a related product category could not be reasonably explained as a mere coincidence. The Committee therefore considers the filing of the contested trademark was based on bad faith.

In view of the high degree of similarity, the well-known status of “J’ADORE”, the relatedness of the designated products, and the bad faith in filing the contested trademark, the Committee upheld TIPO’s decision to cancel the contested trademark. 

Source: 

The Committee’s decision:

https://pamsdmz.moea.gov.tw/pams-public/api/download/20250713_decisionDownload-A411401026_102743_871_8drbTKdXlR/

TIPO’s decision:

https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNWI%2BOrAcoQofvg68kjaChqTE4zSKn8QOKZ

2025年7月6日 星期日

Schwan-Stablio’s attempt to cancel Swarovski’s swan trademark fell short

On June 11, 2025, the Taiwan’s Petitions and Appeals Committee of Ministry of Economic Affairs (“Committee”) rejected an appeal filed by Schwan-Stablio, affirming that Taiwan’s IP Office (“TIPO”) was correct in finding that Swarovski’s contested trademark would not cause confusion with the German brand’s iconic swan logo (no. 00851896, the ‘896 mark, see below).

Swarovski’s contested trademark, no. 02226817 (see below), was filed on December 1, 2020, and granted on June 1, 2022. It covered wide range of products in Class 3, 8, 9, 11, 14, 16, 18, 20, 21, 24, 25, 26, 28; and services in Class 35, 41, and 43. Schwan-Stablio filed opposition on September 1, 2022, alleging that Swarovski’s registration for Class 16, which included notebooks, catalogues, book marks, greeting cards, diaries, etc., would cause confusion with the cited ‘896 mark. 

TIPO sided with Swarovski on January 17, 2025, finding that while the ‘896 mark has been well-known in the field of stationery products, the consumers would not confuse the contested trademark with the ‘896 mark. There is no violation of Articles 30.1.10, 30.1.11, and 30.1.12 of Trademark Act. Schwan-Stablio appealed. 

Before the Committee, Schwan-Stablio particularly argued that when viewed as a whole, both trademarks formed visual impression of a swan, differing only in minor aspects such as head orientation and wing style. Besides, in other jurisdictions, such as EU, Turkey, and Egypt, there have been findings of similarity. Further, Schwan-Stablio argued bad faith, noting that its swan logo has been famous for years before Swarovski’s contested trademark was filed. Schwan-Stablio urged the Committee to overturn TIPO’s determination.

The Committee did not rule in the favor of Schwan-Stablio, reasoning that:

1.        Image of has been commonly used and registered as trademark in Taiwan. In fact, in Class 16, there were other registered trademarks featuring similar logos. Hence, consumers in Taiwan are familiar with such imagery, and should be able to distinguish different swan designs While both trademarks feature swans, this alone does not necessarily create likelihood of confusion. 

2.        Additionally, upon further review, there indeed are sufficient differences. For example, the contested trademark featured a swan poised to flight, while the ‘896 mark depicted a swan gliding smoothly on water. There are also other differences, such as the design and shape of the wings, the posture and position of the swans, and the contour and style of their heads. TIPO was therefore justified to find low similarity between the contested trademark and the ‘896 mark.

3.        Assessment of trademark confusion in its nature is territorial and local, which may vary depending on the actual use, consumers’ perception, trade practice, and legal standard. As a result, foreign decisions are not binding on TIPO or the Committee. 

4.        Moreover, records showed that Swarovski had long used swan logo for its jewelry products, and the contested trademark was part of its rebranding initiative in 2021. Without more concrete evidence showing free riding or deceptive intent, Schwan-Sablio’s allegation of bad faith was unfounded. 

To conclude, although Schwan-Stablio’s swan icon is well-known, the designated products are related, and both trademarks feature swans, the Committee found no likelihood of confusion, and affirmed that TIPO’s determination was correct based on the low similarity, the lack of evidence showing bad faith, and the distinctiveness of Swarovski’s contested trademark. 

 

Source: 

TIPO’s decision: 

https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOiAskTpvusGijcp6OgcwGULUP6yaMj

The Committee’s decision:

https://pamsdmz.moea.gov.tw/pams-public/api/download/20250706_decisionDownload-A211402028_175833_293_4CTPL0df5c/

2025年6月29日 星期日

“NIVEA” prevailed in trademark opposition against “NEVA”

On May 28, 2025, Taiwan’s IP Office (“TIPO”) sided with BEIERSDORF AG, cancelling the contested trademark “NEVA” for its similarity with the well-known German skin care brand “NIVEA” (No. 0039212, No. 0384064, No. 01316235, No. 01790601, No.01521516, and No. 02252012, all see below ).



The contested trademark, “NEVA” (No. 02394613, see below), was filed on January 12, 2024 by a Shenzhen-based company Mun-Chia-Fan Tech. Ltd. (“MCF”), and was granted on August 16, 2024. It covered goods in Class 3, including moisturizing lotion, detergent, cosmetics, fragrance, toothpaste, beauty mask, etc. BEIERSDORF filed opposition on November 12, 2024, citing violations of Articles 30.1.10 and 30.1.11 of Trademark Act.


TIPO ruled in the favor of “NIVEA”, cancelling “NEVA” based on Article 30.1.11 of Trademark Act. Its reasoning was as follows:

1.        Article 30.1.11 of Trademark Act provides that a mark shall not be registered if such a mark is similar to another person’s well-known trademark or mark, and hence there exists likelihood of confusion among the relevant consumers, or likelihood of dilution of distinctiveness or harm to the reputation of such well-known trademark or mark.

2.        Here, TIPO noted that BEIERSDORF’s “NIVEA” has been recognized as a well-known trademark in several TIPO’s prior determinations in 2019 and 2022. Besides, in 2019, the well-known status of “NIVEA” was also affirmed by Taiwan’s Intellectual Property and Commercial Court. According to the evidence of use, TIPO also found that BEIERSDORF has been continuously using “NIVEA” in the sale and promotion of its skin and body care products. TIPO thus was convinced that “NIVEA” was already well-known in the fields of cosmetics and skin care products when MCF filed the contested trademark.

3.        On similarity, TIPO found the contested trademark visually and phonetically similar to BEIERSDORF’s “NIVEA”. Both feature the same letters “N”, E“, “V”, and “A”, start with letter “N” and end with letter “A”, and share similar structure, sequence, and pronunciation.

4.        Considering the well-known status and inherent distinctiveness of “NIVEA”, TIPO opined BEIERSDORF’s should be more recognizable among the relevant consumers. To the contrary, MCF did not submit any evidence of trademark use to demonstrate the fame of its contested trademark.

5.        Although the designated products were not totally identical, TIPO found them related. For example, moisturizing lotion, fragrance, beauty mask, and cosmetics covered by the “NEVA” trademark serve personal hygiene and beauty purposes, which overlap with the product scope covered by the well-known “NIVEA”.

In view of the above, TIPO concluded that given the well-known status of “NIVEA”, the similarity between “NIVEA” and “NEVA”, the strong brand recognition of “NIVEA”, and the overlap of designated products, registration of “NEVA” could cause confusion. Thus, the contested trademark was cancelled accordingly.

 

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOhCc4Sp%2FsNOwxunMAXU2dCAMkA%2BXXx

2025年6月21日 星期六

Agnes B Wins Trademark Opposition in Taiwan

In a trademark opposition filed by Agnes B, Taiwan’s IP Office (“TIPO”) ruled in favor of the French fashion brand, finding the contested trademark, which features a cursive “l” letter, to be too similar to Agnes B’s iconic “b” signatures (no. 00864444, no. 00542007, no. 00820058, and no. 01471708, see below).



The contested trademark, no. 02335495 (see below), was filed by LOVFEE, a Taiwan-based apparel brand on May 4, 2023, and was granted on November 16, 2023. It was registered in Class 25, covering various kinds of clothing and accessories, such as coats, sweaters, skirts, hats, T-shirts, scarves, etc. Agnes B filed opposition on January 15, 2024, citing violations of Articles 30.1.10, 30.1.11, and 30.1.12 of Trademark Act.

TIPO ruled in Agnes B’s favor on May 29, 2025 based on Article 30.1.10, reasoning that:

1.        Article 30.1.10 of Trademark Act provides that a mark shall not be registered if such a mark is similar to another’s registered trademark, is applied for use on similar products or services, and is likely to cause confusion among the relevant consumers. 


2.        On similarity of the trademark, the contested trademark consisted of a cursive letter “l” and a “heart” icon. Agnes B’s cited trademarks featured a cursive letter “b”. When comparing the overall style and structure, the cursive letter “l” bears visual similarity with the stylized “b” logo, which constitutes the dominant portion of Agnes B’s trademarks. The way the cursive “l” was written, such as the style and contour of its curve, closely resembles Agnes B’s “b” signatures. 


3.        On similarity of the product, the cited trademarks were also designated for use in Class 25 (including apparel, shoes, and accessories such as belts, hats); and in Class 35 (including the retails services for clothing, shoes, and other accessories). The scope of the designated products of the contested trademark overlaps with those covered by Agnes B’s “b” signatures. 


4.        Moreover, Agnes B’s cited trademarks are inherently distinctive. Based on evidence of continuous trademark use throughout the period of 2011-2023, the iconic “b” signatures have become well-known in the relevant consumers in Taiwan. In fact, the well-known status of the “b” signatures has been reviewed and consistently confirmed in other trademarks oppositions. Therefore, consumers should be more familiar with Agnes B’s trademarks.

In view of the above, given the similarity between Agnes B’s and LOVFEE’s trademarks, the overlap of the designated products, and the high distinctiveness and strong brand recognition of Agnes B’s “b” signatures, TIPO concluded that the registration of LOVFEE’s contested trademark may cause confusion. Thus, the contested trademark was cancelled accordingly.

 

Source: https://cloud.tipo.gov.tw/S282/S282WV1/#/written-result-details/disposition?issueKey=doNRI%2BOhBsYWoPtrYyQmZodywSs1Dr26Tofw

Taiwan’s IP Office Cancelled Trademark After Finding It Confusingly Similar to Louis Vuitton’s Iconic “LV” Logos

On September 25, 2025, Taiwan’s IP Office (“TIPO”) ruled in favor of fashion giant Louis Vuitton in its opposition against trademark no. 024...