Baby Boss City Ltd. obtained a registration from TIPO for the trademark   (BabyBoss and Device) on "services of amusement park" etc.  Hugo Boss Trade Mark Management GmbH & Co. KG, filed an invalidation petition to challenge the mark on the ground that the mark is likely to cause confusion to the relevant public with its well-known mark "BOSS" used on quality products.  The registrant, dissatisfied with the TIPO’s decision invalidating the registration of the mark and the MOEA’s decision sustaining the TIPO’s decision, filed a lawsuit with the IP Court.  The IP Court ruled that the invalidated mark was formed by the comic pictures of painter, chef, and fireman around face-to-face letters B together with a quite small word combination "BabyBoss" at the underside.  The cited marks BOSS, HUGO BOSS and BOSS HUGO BOSS, etc. were purely formed by Roman letters.  The overall appearances of both marks are clearly distinguishable.  In addition, "BabyBoss" may be inferred to "a little boss or leader", which is distinguishable from "BOSS".  The extent of similarity is very low.  The invalidated mark is mainly for use on the services of "virtual reality shops for children's career experience", and its consumers are children’s parents.  The cited mark is used on clothes, fashion and leather products, and its potential consumers are those with consuming capacity for quality products.  Due to the difference in nature and consumer, it was concluded that it is unlikely for the relevant public to be confused between the invalidated mark and the cited mark.  The Court thus overturned the original decisions and commanded TIPO to re-render an appropriate decision.

Jay You