2022.01.26
Appeal decision report – “Kids Money Literacy (written in katakana)” was allowed to be registered because it is unreasonable to say that it indicates quality and other characteristics in the fields of the designated goods/services
January 26, 2022
Noriko Yashiro
| Appeal number | Rejection 2021-004369 (JP Appl. No. 2020-019642) |
|---|---|
| Case summary | The applied-for-trademark “ |
| Date of decision | December 20, 2021 |
| Demandant (Applicant) | Kabushiki Kaisha Terakoya Kids |
| Trademark(s) |
|
| Designated Goods/Services and Class(es) |
Printed matter; study-aid books; and others in class 16 Karuta playing cards [Japanese card game]; playing cards; and others in class 28 Arranging, conducting, and organization of seminars; educational and instruction services relating to arts, crafts, sports, or general knowledge; and others in class 41 |
| Judgement |
The applied-for-trademark consists of the character string “ Even if “
The appeal examiners did not find that “
With the above in mind, it is unreasonable to say that the applied-for trademark would indicate quality and other such characteristics or likely mislead as to quality of the goods/services in connection with the designated goods/services. |
| Comments |
In the examination and the appeal stages, the applicant argued the following: The applied-for-trademark consists of the character string “ With the above composition in mind, it is reasonable to say that dealers and consumers would recognize the applied-for-trademark as a coined word as a whole, rather than understand the meaning of the trademark by identifying the meaning of each word, “Kids”, “Money” and “Literacy” and combining them. |