Trademark Dispute between Korea’s VOV and US’ VO5 for Being Too Much Alike.

VOV Corp.’s VOV products is one of three leading cosmetic brands in Korea and has been launched into Taiwan market by Watsons Inc. under due authorization since 2009.  “VO5” is a trademark name used on the shampoo products of US-based Alberto Culver, whose products have been duly authorized to be marketed by Maywufa Company Ltd. in Taiwan since 1976.

Before VOV products’ entry into Taiwan, VOV Corp. applied for registering its trademark “VOV” with TIPO at the end of 2008, and after that its cosmetic products were officially put on Taiwan market in June 2009.  At the end of 2009, however, TIPO rejected VOV’s trademark registration application on the ground that the “VOV” mark is similar with Alberto Culver’s “VO5” mark.  VOV Corp. was dissatisfied with TIPO’s decision and initiated administrative proceedings with Taiwan IP Court.

VOV Corp. asserted that the three English letters of its proposed mark “VOV” are put in a square frame as its design, which is far different from “VO5” mark simply composed of English letters and a numeral.  In addition, the use of “VOV” mark on cosmetic products will not cause consumers’ confusion with “VO5” mark used on shampoo products. 

According to TIPO, the coverage of designated use of the two marks in dispute both include shampoo products, and in this regard, the products bearing the two marks are very likely to be distributed in overlapped sales channels.  Moreover, TIPO negated VOV Corp.’s assertion also on the ground that the third English letter “V” of “VOV” mark is similar to the Roman numeral “V”, which means five.  The IP Court heard this case and found TIPO’s argument tenable and decided against VOV Corp. (2010.11) 

Source: IP Court docket number: (99) Xing-Shang-Su-Zi No. 92 [2010]
/CCS