“M2R” secured its monopoly across apparel under the trademark law.

A trademark application for the mark “M2R HELMETS” under the designation of apparel was canceled under the opposition of the owner of “M2R” mark registered for motorcycle glove and suits. The case was further brought to the IP administrative high court by the “M2R HELMETS” side, yet the IP high court determined that the user of the “M2R HELMETS” is engaged in unfair competition practice, and both the mark and its designated goods are similar with that of “M2R”, hence the rejection must be sustained.

The mark “M2R” was registered by De-An company under the license of the Australia M2R back in 1997, and has been used in goods like helmet, motor cycle glove and others for years, and has become rather popular in more than fifty countries with its unique design and complete product line-up.

However, the “M2R HELMETS” side argues that its mark was designed under that notion that “MR” stands for men, and the number “2” stands for double protection, and the word “HELMETS” signifies “strong as helmet”. It was also alleged that the area of apparel and motorcycle helmet are rather distinctive from each other.

But the “M2R” side maintains that above the mark’s own inherent distinctiveness, “M2R” has become rather well known through years of marketing. And goods like motorcycle protective jackets have also been sold under “M2R” branding, which makes the use of “M2R HELMETS” on clothes more confusing, even constitutes unfair competition.

The IP administrative high court ruled in favor of the “M2R”. stating that the “M2R HELMETS” is merely an imitative makeover of “M2R”. And the fact that raincoat, motorcycle jackets under the “M2R HELMETS” brands are commonly carried by shops who also sell goods from “M2R” has raised concerns of confusion among consumers. Based on these reasoning, the high court has dismissed the “M2R HELMETS”’s appeal.  (2011.07)
/JK