Taiwan’s TIPO Cancels “nVEDA”: A Clear Signal on Protection of Well-Known Marks

18 Feb

LP Insights

Taiwan’s TIPO Cancels “nVEDA”: A Clear Signal on Protection of Well-Known Marks

On 23 December 2025, Taiwan’s Intellectual Property Office (TIPO) issued a significant decision in favor of Beiersdorf AG, cancelling the contested trademark “nVEDA” after finding a likelihood of confusion with the globally recognized NIVEA brand.

The ruling reinforces a core principle of trademark law across jurisdictions: well-known marks enjoy broad protection that extends beyond identical wording to cover similar visual, phonetic, and commercial impressions—especially where overlapping goods or services are involved.

Key Findings from the TIPO Decision

1. Visual and Phonetic Similarity

TIPO determined that the dominant element “nVEDA” closely resembled “NIVEA” in both appearance and pronunciation.

Both marks share the same first and last letters, a similar internal structure, and an overall commercial impression capable of misleading consumers.

2. Overlapping Goods and Services

The contested mark covered goods and services in Class 3 (cosmetics and personal care products) and Class 44 (beauty and skincare services), directly intersecting with the commercial scope associated with the NIVEA brand.

Similar marks in similar markets significantly increase the likelihood of confusion.

3. Evidence of Fame

Beiersdorf demonstrated extensive use, recognition, and reputation of the NIVEA mark in Taiwan.

The applicant for “nVEDA” provided no proof of actual use.

TIPO therefore recognized NIVEA as a well-known trademark entitled to enhanced protection.

Legal Significance

• Authorities assess overall commercial impression, not just spelling differences.

• Well-known marks receive broader protection, including against reputation free-riding.

• Strong documentary evidence can decisively influence cancellation outcomes.

Practical Lessons for Brand Owners

• Conduct comprehensive clearance covering phonetic and structural similarity.

• Maintain evidence of genuine commercial use.

• Monitor markets and enforce rights proactively.

Conclusion

TIPO’s cancellation of “nVEDA” confirms that superficial alterations will not protect confusingly similar marks where well-known brands and overlapping goods are involved.

Proactive, evidence-driven trademark strategy remains essential for protecting long-term brand value.