May 9, 2024

Ludens Co.,Ltd.

SAKE TEA (Standard characters)

Chinese liquor containing tea; western liquors containing tea; alcoholic fruit beverages containing tea; Japanese Shochu-based beverages [Chuhai] containing tea; sake containing tea; Japanese white liquor [Shochu] containing tea; Sake substitute containing tea; Japanese sweet rice-based mixed liquor [Shiro-zake] containing tea; Naoshi [Japanese liquor] containing tea; Japanese Shochu-based mixed liquor [Mirin] containing sake and tea; flavored liquors containing tea in class 33.

(1) Indicating solely the quality of goods in a common manner, and misleading as to the quality of goods:

The applied-for-trademark consists of letter string “SAKE TEA” in standard characters. It is easy to see that the letter string indicates “SAKE” and “TEA” cohesively.

“SAKE” is known as a word meaning “1. Cause, reason, advantage, 2. Nihonshu (fermented beverages made from rice)”.

“TEA” is known as a word meaning “(dried and processed) tea leaves; green (black) tea; tea (generally for drinking); (red) tea leaves”.

Meanwhile, it is possible to see that beverages consisting of Japanese sake and other ingredients are called as “SAKEXX” (“XX” is another ingredient) in the field of providing beverages, in relation to the designated goods. Besides, there is a fact that beverages consisting of Japanese sake and tea/black tea are called as “SAKE TEA”.

With the above in mind, it is natural to say that traders and consumers should recognize the meaning of “Japanese sake” from the letter “SAKE” and it is reasonable to say that traders and consumers should recognize and grasp the quality of “goods consisting of Japanese sake and tea” or “goods consisting of Japanese sake and black tea” as a whole when the applied-for trademark is used on the designated goods.

Thus, the applied-for trademark indicates solely the quality of goods in a common manner, and if the applied-for trademark is used on goods other than “goods consisting of Japanese sake and tea” or “goods consisting of Japanese sake and black tea”, it is likely to mislead as to the quality of the goods.

(2) Acquired distinctiveness:

The applicant has argued that even if the applied-for trademark indicates solely the quality of goods in a common manner, consumers are able to recognize the goods as those pertaining to a business of the applicant when seeing the applied-for trademark and that the applied-for trademark has acquired distinctiveness through use on the designated goods by the applicant.

However, whether the applied-for trademark has acquired distinctiveness should be judged comprehensively depending on a trademark for use, commencing time of trademark use, period and area of trademark use, trading performance of the designated goods, and method and the number of advertisements. The documents filed by the applicant only show that websites relating to the applicant were indicated at the top by a Google search based on the word “SAKE TEA”. It is not possible to confirm sales quantity, sales amount, market share, advertisement, and the other factors of the goods bearing the applied-for trademark. Thus, it is impossible to say that the applied-for trademark has acquired distinctiveness through use on the designated goods.

(3) Conclusion

Thus, the applied-for-trademark should not be registered because the applied-for trademark indicates solely the quality of goods in a common manner, and because if the applied-for trademark is used on goods other than “goods consisting of Japanese sake and tea” or “goods consisting of Japanese sake and black tea”, it is likely to mislead as to the quality of the goods, and because it has not acquired distinctiveness.

The applicant argued that the applied-for trademark is a coined mark consisting of “SAKE” and “TEA” without specific meaning and that it does not indicate “goods blended with Japanese sake/Sake, and tea” directly.