On July 2, 2024, the Opposition Division issued a resolution regarding the opposition filed by Louis Vuitton Malletier against the European Union trademark application No. 18 871 237 by Cheng Wang. The opposition was based on Article 8, paragraph 5, of the European Union Trade Mark Regulation (EUTMR), which stipulates that a trademark registration will be denied if it is identical or similar to a previously well-known mark, and if the unjustified use of the contested mark could unduly take advantage of the distinctive character or renown of the earlier mark, or be detrimental to it.


In this case, Louis Vuitton argued that its previously registered figurative mark enjoys significant renown in the European Union, particularly in Spain and France. The opposing party provided evidence including articles from recognized magazines, fiscal documents, and opinion polls demonstrating the broad recognition and prestige of its mark in the market.

The Opposition Division evaluated the similarity between the conflicting signs, concluding that both marks feature motifs resembling flowers and stars in black and white, with similar structure and arrangement. Despite differences in specific details and representation of the individual motifs, it was determined that the signs are visually similar to a degree below medium, which is sufficient for consumers to establish a link between the marks.

No just cause was found for the use of the contested mark by the applicant, and it was considered that the use of this mark would unduly take advantage of the renown and distinctive character of Louis Vuitton’s mark, benefiting from its reputation without incurring the costs and efforts associated with creating and promoting a new brand. Furthermore, it was concluded that there would be a risk of detriment to Louis Vuitton’s earlier mark due to potential consumer confusion.

In view of these factors, it was decided to uphold Louis Vuitton’s opposition and deny Cheng Wang’s trademark application in its entirety.


Opposition decision nº B 3 201 202