Applied-for-trademark: AURA (Standard characters)

Cited trademark: AURA RED (Standard characters)

Designated goods of the applied-for-trademark: Tobacco; and others in class 34

Designated goods of the cited trademark: Cigarettes; tobacco; and others in class 34

The cited trademark consists of a letter string “AURA RED” in standard characters.  The cited trademark is considered coherent in appearance because the letters are indicated in the same size and typeface. “AURA RED” can be naturally pronounced at a breath.

Even though the word “RED” of the cited trademark is a familiar English word meaning “red-colored”, it is natural to think that the cited trademark would be considered as a whole because it is not possible to find any exceptional circumstances to think that the portion “RED” in the trademark would be perceived separately in trade.

In addition, we are unable to find any exceptional circumstances such that the portion “AURA” of the cited trademark should be regarded as an element giving a strong and dominant impression as a source identifier of goods to traders and consumers.

Thus, the applied-for-trademark should be registered.

The applicant recited some registered trademarks in coexistence to argue that they were considered dissimilar due to the difference of “RED”:

 – “Sweet and Sweet in katakana” and “SWEET RED and SWEET RED in katakana”
 – “SOMETHING and SOMETHING in katakana” and “Something Red”
 – “WONDER and WONDER in katakana” and “WONDER RED”, etc.