Rejection 2024-009220 (JP Appl. No. 2023-040094)

  – The applied trademark “INAZUMA” (standard characters) is readily understood as a romanization of the Japanese word “” (inazuma), meaning “lightning”. Additionally, in the industry dealing with the designated goods of this trademark application, namely, in the fields of jewelry, personal ornaments, clothing and footwear, the terms “INAZUMA”, “” and “”, as well as lightning-shaped devices, are used as product designs or motifs.

  Therefore, the Examiner refused the registration of the trademark application for “INAZUMA” on the ground that the applied mark would be perceived as merely an explanation of the goods, such as “goods featuring a lightning motif”, or simply as a type of product design, rather than as a source-identifying mark, and thus lacks distinctiveness, falling under Article 3(1)(vi) of the Japanese Trademark Act.

  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 16, 2025

Yohji Yamamoto Inc.

Applied Mark: JP Appl. No. 2023-040094

INAZUMA
(Standard Characters)

  “jewelry; precious metals; key rings; personal ornaments; precious stones and imitations thereof; shoe ornaments of precious metal; clocks and watches” in Class 14.

  “clothing; garters; sock suspenders; braces; bands; belts; footwear; special clothing for sports (excluding special clothing for water sports); special footwear for sports (excluding riding boots and windsurfing shoes)” in Class 25.

  The applied mark “INAZUMA” is understood as a romanization of the Japanese word “”. The word “” primarily means the natural phenomenon of lightning and may also convey the sense of swift or instantaneous movement.

  Even if the expressions such as “” (lightning-shaped) and “” (lightning motif) are used in product descriptions, and that “”, “” or “INAZUMA” may appear among strings of words used in search titles, those facts did not establish that the relevant wording is so commonly used in trade that consumers would immediately perceive it as indicating the shape or characteristics of the goods. It is therefore inappropriate to conclude, on that evidence alone, that “INAZUMA” would be recognized only as a product description or as a type of product design.

  Rather, the mark would primarily evoke the abstract idea of “lightning” or “swift movement”. In relation to the designated goods, this remains a vague concept. Accordingly, traders and consumers would naturally understand “INAZUMA” as a source-identifying mark carrying such a vague connotation, rather than merely as a description of the goods.

  Therefore, the applied mark “INAZUMA” cannot be deemed to lack distinctiveness as prescribed in Article 3(1)(vi) of the Japanese Trademark Act.

  The applicant claimed in the appeal brief as follows:

  – “INAZUMA” itself does not directly specify any concrete product shape or design.

  – most of the Examiner’s examples used the Japanese equivalents together with words such as “motif”, “shape” or “pattern”, rather than showing ordinary descriptive use of “INAZUMA” alone.

  – Therefore, the applied mark should be judged as a mark having sufficient distinctiveness.

  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.