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[Success Case]
Case No. Central Taiwan Ping-Zi H01000256
[Decision Digest]
The cross examination of both trademarks shows that the claiming trademarks comprise only the Roman alphabet, while the trademark at issue is consisted of both the Roman alphabet and color patterns. Except for the four identical letters “BOSS” and a low percentage of similarity in pronunciation and appearance, the pronunciation between the trademark at issue “BabyBoss” and claiming trademarks “BOSS” and “HUGO BOSS” is obviously not identical. In addition, although “BOSS”, literally means a chief or a leader, is used in all three trademarks, the trademark at issue “BabyBoss” literally means a child chief or a child leader. Moreover, three colored cartoon child characters of different professions are added to highlight the trademark at issue in a much larger size than the letters “BabyBoss”. The trademark of both parties impresses viewers with different appearances and concepts and the percentage of similarity of these trademarks is very low (cf. the administrative judgment of cases No. 2013 Xing-Shang-Shu-Zi 61 and No. 2014 Xing-Shang-Geng-(1)-Zi 2, Intellectual Property Court).
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