UPS unable to cancel trademark “UPG” in its trademark opposition proceeding


On June 4, 2024, Taiwan’s IP Office (TIPO) ruled in favor of Uni-President Enterprises Corp. (“Uni-President”) in a trademark opposition filed by UNITED PARCEL SERVICE OF AMERICA, INC. (“UPS”). The opposition was based on the alleged similarity between Uni-President's trademark "UPG" and UPS's well-known "UPS" trademark. 

However, TIPO found that there was no likelihood of confusion between the two trademarks and therefore denied UPS’s opposition.
TIPO's decision was based on several factors. Firstly, it recognized the global recognition and value of the "UPS" trademark, but also noted that the third letter difference between "UPS" and "UPG" made them visually, verbally, and conceptually distinguishable.
Additionally, TIPO highlighted that the designated services for "UPG" included areas such as suitcase rental and vending machine replenishment, which differed from UPS's core delivery services.
Ultimately, TIPO concluded that the distinctiveness of "UPG" and "UPS" and the differences in their designated services were sufficient for ordinary consumers to discern between the two trademarks. 

Therefore, it determined that there would be no confusion among relevant consumers and that the reputation and distinctiveness of "UPS" would not be harmed by the registration of "UPG".




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