The Japan Patent Office (JPO) Appeal Board reversed an examiner’s refusal of “BUZZ Pay,” finding that it was dissimilar to the earlier mark “BUZZ” for cashless payment services.
[Appeal case no. 2026-004207, decided on July 23, 2026]
1. BUZZ Pay (Applied Mark)
The applicant, BUZZ GROUP Co., Ltd., filed a trademark application for the word mark “BUZZ Pay” in standard character for use in connection with cashless payment services, such as cryptocurrency management/exchange, electronic funds transfer, credit/debit card payment settlement, prepaid card issuance in Class 36 with the JPO on July 14, 2025 [TM App no. 2025-79480].
2. Examiner’s Refusal / Cited Mark
The JPO Examiner refused the registration of the applied mark “BUZZ Pay” under Article 4(1)(xi) of the Japanese Trademark Law (prohibiting registration of marks similar to prior registered trademarks) by citing TM Reg no. 6346356 for a composite mark consisting of the term “BUZZ” and a device featuring two hexagonal frames with a yellow lightning bolt (see below) in Class 36.
The examiner considered the initial term “BUZZ” as the dominant/essential portion of “BUZZ Pay” and concluded that it was confusingly similar to the cited mark “BUZZ”.
To contest, the applicant appealed the examiner’s refusal to the JPO Appeal Board.
3. JPO Appeal Board Decision
The JPO Appeal Board reversed the refusal and granted registration for “BUZZ Pay”, finding that the two marks are dissimilar and unlikely to cause confusion.
(1) Integrated Perception in the Payment Sector
Although “Pay” literally means payment or expenditure, the Board recognized that the combination format of “[Brand] + Pay” (e.g., Yucho Pay, Bank Pay, au PAY, Amazon Pay, Merpay, PayPay, Rakuten Pay) is widely used as a standard service name in the cashless payment industry.
Because consumers are familiar with this naming structure, they naturally perceive “BUZZ Pay” in its entirety as an indivisible, unitary trademark, rather than focusing solely on “BUZZ”.
(2) Comparison of Similarity
- Appearance (Visual): “BUZZ Pay” is a pure word mark, whereas the cited mark contains prominent graphical elements (hexagonal frames and a lightning symbol). The presence of “Pay” also creates a clear visual difference.
- Pronunciation (Phonetic): “BUZZ Pay” is pronounced as “Ba-zu-pei” (4 syllables in Japanese), whereas the cited mark is pronounced as “Ba-zu” (2 syllables). The sound of “Pay” ensures clear phonetic distinction.
- Concept (Conceptual): “BUZZ Pay” is recognized as a coined, unitary mark that conveys no specific conceptual meaning as a whole. Conversely, the cited mark evokes the dictionary definition of the English word “buzz” (humming or buzzing sound).
Based on the above findings, the Appeal Board observed that “BUZZ Pay” cannot be dissected into “BUZZ”. Viewed as a whole, it clearly differs from the cited mark in appearance, sound, and concept. Therefore, even if the services in question are deemed similar, the applied mark should not be rejected in relation to the cited mark based on Article 4(1)(xi).