The JPO appeal examiners concluded that is dissimilar to with regard to medical apparatuses and instruments (catheters).
Japanese trademark law provides that if a mark is identical/similar to another person’s registered trademark that has been filed prior to the filing date of an application for registration of the mark, and if the designated goods/services of the registered trademark are identical/similar to the designated goods/services of the mark, the mark shall not be registered.
The appeal examiners considered that although the far-left letter of the mark might be regarded as a stereoscopic and stylized letter “D”, the remaining portions under the five circles would be unlikely regarded as particular Latin alphabetic characters that are highly stylized. In view of this, it is reasonable to say that this mark consists of devices without any particular sounds and concepts as a whole.
On the other hand, the cited mark consists of the left and gray letters of “D” and “I” and the pink circle with the small circle in the upper right. The letters “D” and “I” are not associated with the circle, their colors are not the same, and this cited mark would be regarded as a mere combination of the letters and the circles. In view of this, it is reasonable to say that this cited mark does not have any particular sounds and concepts.
In light of the above, and are dissimilar in appearance. Further, it is impossible to compare them in sound and concept because they do not have any particular sounds and concepts.
Under the circumstances, the appeal examiners concluded that and are dissimilar.