– The applied trademark “NK-LPWA” consists of “NK” and “LPWA” joined by a hyphen and written horizontally in the same size and typeface. Additionally, the two-letter element “NK” is of a type commonly used as a product/model number, service category or grade, while “LPWA” denotes “Low Power Wide Area,” a low-power, wide-area/long-range wireless communication technology.

  Therefore, the Examiner refused the registration of the trademark application for “NK-LPWA” on the ground that the applied mark would be perceived as merely a combination of the two-letter element “NK” and the quality-descriptive term “LPWA,” joined by a hyphen, 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.

August 04, 2026

Nippon Koei Energy Solutions Co., Ltd.

Applied Mark: JP Appl. No. 2024-068636

NK-LPWA
(Word Mark)

  “measuring or testing machines and instruments; telecommunication machines and apparatus; electronic machines, apparatus and their parts; computer programs” in Class 09.

  “design, development or maintenance of computer programs; design, development or maintenance of application software; rental of computers; providing computer programs; providing application software; provision of meteorological information” in Class 42.

  Even if the wording “LPWA” means a generic wireless communication technology capable of low-power, long-range (wide-area) communication and a two-letter combination of a type “NK” may be used as a code for product/model numbers, service categories or grades, in the applied mark “NK-LPWA”, all characters are presented in the same size and typeface, continuously in one horizontal line. In addition, because a hyphen is a sign used to connect words, the mark as a whole is perceived as the single sequence “NK-LPWA”.

  Accordingly, the mark does not merely express the non-distinctive meaning asserted by the Examiner. Rather, the entire expression is perceived as an indivisible coined term having no specific meaning and capable of functioning as a source indicator. The Trial Examiners also found, through ex officio investigation, no general trade use of “NK-LPWA” or similar wording to specifically indicate quality, characteristics, model numbers or categories, and no circumstances showing that traders or consumers would perceive the mark in that descriptive manner.

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

  The applicant placed particular emphasis in the appeal brief as follows:

  – The applied mark “NK-LPWA” consists of “NK” and “LPWA”, but is presented in a cohesive manner written horizontally in the same size and same typeface, joined by a hyphen, leading a natural continuous pronunciation.

  – Therefore, Therefore, the judgement of whether or not the trademark falls under  Article 3(1)(vi) should be made after evaluating its overall impression as an indivisible coined term.

  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.