JPO: Is “Stylization of Word Mark” a good method in order to prevent the Examiner’s decision of confusion with prior registered marks?
September 29, 2022
Trademark Attorney Katsuhisa SAKUMA (Mr.)
Trademark Attorney Naoko NISHIZAWA (Ms.)
|Appeal number||Rejection2021-005491 (JP Appl. No.2019-144513)|
The Examiner has judged that the main part of the applied mark is , and such part consists of 3 letters of the alphabet, namely, “nop”. Thus, the Examiner has judged that the applied mark is similar with the cited mark in sound and appearance. Additionally, the Examiner has judged that some of the designated goods of the applied mark and the cited mark are the same or similar. Thus, the Examiner has issued a decision of refusal against the applied mark.
However, the trial Examiners for the appeal have judged that the Examiner’s judgement about the similarity of the marks is wrong.
|Date of decision||
March 04, 2022
(the applied mark)
(the cited mark: JP Reg. 5570399)
|Designated Goods/Services and Class(es)||
|Summary of Judgement||
The applied mark consists of:
– UPPER part, namely, gray-colored and arch-shaped figure, gray-colored letter of alphabet “o” and blue-colored letter of alphabet “p”;
These parts are arranged close to each other. Thus, these parts are inseparable from each other in order to recognize one part as the main part of the applied mark.
Further, it is impossible to recognize any special sounds and concepts based on the gray colored and arch shaped figure.
The applied mark includes the MIDDLE part “net one” and the LOWER part “Partners”. Thus, we believe that the trademark offices other than the JPO could judge that the UPPER part is a coined word of first letters of “net”, “one” and “Partners”.