On February 27, 2025, Taiwan's Intellectual Property Office (TIPO) ruled in favor of HUGO BOSS AG, annulling the trademark “USHIO BOSS & device.” This decision arose from concerns that the trademark could potentially confuse consumers with the established brands “BOSS” and “HUGO BOSS.” The trademark in question, registered by YU CHEN METAL DIE-CAST CO., LTD. on December 16, 2023, was intended for various goods in class 25, including belts and suspenders. HUGO BOSS lodged an opposition on March 14, 2024, claiming violations of specific provisions of the Trademark Act. Prior to the contested trademark application, YU CHEN had registered several trademarks incorporating variations of “USHIOBOSS” and a shark icon, asserting that these had coexisted with HUGO BOSS’s trademarks without confusion. However, TIPO rejected this argument, emphasizing several key points in its decision. Under Article 30.1.10 of the Trademark Act, a mark cannot be registered if it is similar to an existing trademark and applied to similar goods, as this could mislead consumers. TIPO noted that the prominent elements in both HUGO BOSS’s trademarks and YU CHEN’s contested mark—particularly “BOSS”—could easily attract consumer attention, leading to potential confusion. Additionally, the goods associated with the contested trademark were deemed closely related to those of HUGO BOSS. TIPO recognized HUGO BOSS’s trademarks as well-known, reinforcing the likelihood that consumers would be more familiar with them than with YU CHEN’s mark. Although YU CHEN argued for the coexistence of its prior trademarks, TIPO found these to be fundamentally different and outdated. Ultimately, due to the evident similarities and the strong recognition of HUGO BOSS’s brand, TIPO concluded that the contested trademark posed a risk of consumer confusion, leading to its cancellation.
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