Does “VERTER” Mark Look Like “WERTHER’S” Mark?

The German company August Storck KG is world-renowned for its butterscotch toffee candies, Werther’s Original.  In 2009, it came to the German company’s attention that a Taiwan-based company, Unix Tech Co., Ltd.’s “Verter” mark registered in 2008 is extremely similar to its “Werther’s” mark for its butterscotch toffee candies product and such high similarity is likely to mislead the consumers.  For this reason, the German company pressed a charge against Unix Tech and requested cancellation of registration of Unix Tech’s “Verter” mark. 

The IP Court heard this case and decided in favor of Unix Tech by the reasoning that the first letter of the two trademarks in dispute is “W” and “V” respectively and the pronunciations thereof are different from each other, and that Unix Tech’s “Verter” mark is accompanied by a flower device which is bigger than its word mark.  Based on the reasoning, the IP Court concluded that the consumers should not mistakenly believe that the two trademarks in dispute, at their first sight of them, are the same one. (2010.10) 

IP Court docket number:  (99) Xing-Shang-Su-Zi No. 112 [2010]
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