Rejection 2025-003828 (JP Appl. No. 2024-007336)

  – The applied trademark “D-UV SHIELD” (standard characters) consists of a first part combining the letters “D” and ‘UV’ with a hyphen, and a second part comprising the letters “SHIELD”. Further, the letters “D-UV” in the first part readily suggest the abbreviation “DUV,” which stands for “deep ultraviolet”, and the second part, “SHIELD,” signifies “shield, protective device, defensive object, or barrier”. Additionally, in the industry dealing with the designated goods of this trademark application, products protecting skin from ultraviolet rays are ordinarily traded, and are commonly referred to as “UV SHIELD”.

  Therefore, the Examiner refused the registration of the trademark application for “D-UV SHIELD” on the ground that the applied mark is merely a description of the quality of the goods “protect (the skin) from deep ultraviolet rays” in a manner commonly used, and thus lacks distinctiveness.

  However, the trial Examiners for the appeal have judged that the Examiner’s judgement is incorrect. That is, the trial Examiners for the appeal have judged that the applied mark has sufficient distinctiveness.

September 24, 2025

(Applied Mark: JP Appl. No. 2024-007336)
D-UV SHIELD
(Standard Characters)

  “Cosmetics with ultraviolet-preventing effects; soaps with ultraviolet-preventing effects; fragrances with ultraviolet-preventing effects.” in Class 3.

  The applied mark, consisting of “D-UV SHIELD” in standard characters, is a coined word not found in Japanese dictionaries or similar sources.

  Even if the word “D-UV” in the applied mark might cause understanding or recognition of “DUV”, an abbreviation meaning “deep ultraviolet (light)”, the word “DUV” (deep ultraviolet (light)) is primarily used in fields such as high-density optical information recording, sterilization of bacteria and viruses, and purification of drinking water and air. On the other hand, no facts were discovered indicating that traders or consumers dealing with the designated goods of the applied-for mark would perceive the mark as a descriptive indication of product quality.

  Therefore, the applied mark “D-UV SHIELD” cannot be deemed to consist solely of a mark indicating the quality of the goods in a manner commonly used as prescribed in Japanese Trademark Law Section 3(1)(iii), in relation to the designated goods of “Cosmetics with ultraviolet-preventing effects; soaps with ultraviolet-preventing effects; fragrances with ultraviolet-preventing effects”.

  The applicant claimed in the appeal brief as follows:

  – The abbreviation “DUV” signifying “deep ultraviolet” is primarily used for sterilization and disinfection purposes in fields such as semiconductor manufacturing and medicine.

  – Further, deep ultraviolet rays emitted from sunlight do not reach the Earth’s surface.

  – Therefore, it is unclear what kind of product “products that protect skin from deep ultraviolet rays” refers to, and thus the applied mark should be deemed to be recognized as a coined word without meaning as a whole, rather than to be recognized as a description of the product quality of the designated goods.

  As a result of these claims in the appeal brief being successful, the Examiner’s judgement in the refusal decision was deemed incorrect, and the applicant’s request was granted by the trial Examiners for the appeal.