カテゴリー: 2026

ALCOTT Unsuccessful in Trademark Opposition against ACLOTT

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In a trademark dispute regarding similarity between “ACLOTT” and “ALCOTT”, the Japan Patent Office (JPO) found both marks dissimilar and dismissed the opposition claimed by Capri S.r.l.
[Opposition case no. 2025-900047, decided on January 26, 2026]

ACLOTT

HARIZURY Co., Ltd. filed a trademark application for the word mark “ACLOTT” with its Japanese transliteration arranged in two lines (see below) for use on school bags, bags, pouches, leathercloth, and leather items in Class 18 with the JPO on March 1, 2024 [TM App no. 2024-20955].

The mark was registered without any refusal from the JPO examiner [TM Reg no. 6875775]. On December 23, 2024, it was published for a post-grant opposition.

Opposition by Capri

On February 20, 2025, Capri S.r.l., an Italian Fashion House, filed an opposition against the mark “ACLOTT” by citing IR no. 878382 for wordmark “ALCOTT” in Classes 3,14,18, and 25, and claimed the contested mark should be cancelled in contravention of Article 4(1)(xi) of the Japan Trademark Law because of close resemblance to the cited mark “ALCOTT”.

Capri argued that the contested mark looks and sounds similar to the cited mark, since the difference in the second and third letters will not outweigh the commonality of the remaining four letters. Even if a conceptual comparison is neutral since neither mark has any clear meaning, in view of a similar commercial impression of the marks when used on the goods in Class 18, relevant consumers are likely to confuse a source of the goods bearing the contested mark with the cited mark.

JPO decision

The JPO Opposition Board assessed the similarity of the marks in aspects of appearance, sound, and concept.

  • Appearance

The contested mark and the cited mark are sufficiently distinguishable in appearance due to the distinction arising from the reversed order of the second and third letter, “C” and “L,” of a relatively short six-letter composition.

  • Sound

Comparing respective sounds, the difference in the second and third syllables of a short five-syllable configuration significantly affects the overall phonetic impression. Relevant consumers will be able to distinguish these sounds with ordinary care.

  • Concept

As both marks have no specific meaning, a conceptual comparison is neutral.

Based on the foregoing, the Board found that relevant consumers are unlikely to confuse the source of the goods in question with the cited mark, and thus both marks are deemed dissimilar. Consequently, the Board dismissed the entire opposition.

OneClick is not descriptive in relation to computer software, JPO says

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The Japan Patent Office (JPO) overturned the examiner’s rejection of TM App no. 2024-64572 for the wordmark “OneClick” in Class 9 by finding that the term can play a role in identifying a source of the goods in question.
[Appeal case no. 2025-13091, decided on January 22, 2026]

OneClick

Osstem Implant Co., Ltd., a Korean dental implant company, filed a trademark application for the wordmark “OneClick” in standard character for use on computer software for management of medical devices or the database in Class 9 with the JPO on June 14, 2024.

Rejection by examiner

The JPO examiner notified a ground for refusal laid down in Article 3(1)(iii) of the Japan Trademark Law.

In the refusal decision, the examiner noted that the term “OneClick” has the meaning of “pressing a computer-mouse button to operate a computer.” Computer software operable with a single click has been distributed in relevant industries.

Therefore, the consumers who encounter the term when used on the goods at issue, will just recognize it as a functional indication of the goods.

The applicant argued that the mark is mainly intended for use on computer software in highly specialized business fields such as medical institutions and insurance claims processing, and that its users are limited to medical professionals and specialized staff. Consequently, the mark does not directly indicate the feature or quality of the goods “operable with a single click.”

The examiner did not find the arguments persuasive based on the fact that the applicant’s identified goods are not limited to medical use and include the goods used in a wide range of business fields, such as “computer software for databases” and “computer programs for image processing.”

On August 20, 2025, the applicant filed an appeal against the rejection and disputed the inherent distinctiveness of the mark.

Appeal Board decision

The JPO Appeal Board decided to revoke the examiner’s rejection laid down in Article 3(1)(iii) of the Trademark Law by stating that:

Even though the term “OneClick” has a meaning of “a single click of the button on a computer mouse,” it is doubtful whether relevant consumers would immediately recognize it as an indication of the specific function or quality of the goods in question.

 Ex officio investigation did not reveal any evidence to suggest that the term “OneClick” or its equivalent is actually and commonly used to indicate the function or quality of goods in the relevant business field. Besides, the Board could not find circumstances to negate the distinctiveness of the mark as a source indicator when used on, or in connection with goods in question.

Based on the foregoing, it has reason to believe that the mark “OneClick” can play a role in identifying the source of the goods in question, and thus it will not be a mark consisting solely of a term indicating the quality of the identified goods in a manner commonly used.

JPO Found Trademark “Finto” Dissimilar to “Fi.n.t”

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The Japan Patent Office (JPO) set aside rejection by the examiner to register TM App no. 2025-57051 “Finto” in Class 9 by finding dissimilarity to earlier TM Reg no. 5547097 for the wordmark “Fi.n.t” in the same class.
[Appeal case no. 2025-16841, decided on January 22, 2026]

Finto

Visional Co., Ltd. filed a trademark application for the word mark “Finto” in standard character for use on computer software and other computer-related goods in Class 9 with the JPO on May 26, 2026. [TM App no. 2025-57051]

Fi.n.t

On June 4, 2025, the JPO examiner gave the applicant a notice of ground for refusal laid down in Article 4(1)(xi) of the Japan Trademark Law by citing earlier TM Reg no. 5547097 for a word mark “Fi.n.t” with its Japanese transliteration (see below) in Class 9 that has been effectively registered since 2012.

The applicant filed a response to the office action on July 9, 2025, and argued dissimilarity of the marks. However, the examiner did not withdraw his refusal and finally decided to reject the entire application on July 25.

The applicant filed an appeal against the examiner’s rejection on October 22, 2025, and argued dissimilarity of the marks.

Appeal Board decision

The JPO Appeal Board noted that the term “Finto” is not listed in standard dictionaries. As no circumstances are confirmed to suggest its specific meaning in Japan, it will be recognized as a coined word. Therefore, the mark has a sound of “finto” and does not elicit any particular connotations.

Regarding the cited mark, the Board observed that it comprises the letters “Fi.n.t” and their Japanese katakana transliteration, arranged in two lines. It is regular to refrain from pronouncing two dots placed in the middle of the letters. From overall appearance, it is reasonable to find that the cited mark also has a sound of “finto” and no meaning in its entirety.

Due to the clear distinctions in literal configuration, the number of letters, and the presence and absence of “,” / “o,” visual impressions differ remarkably to the extent that relevant consumers can distinguish two marks in appearance. Evidently, both marks have the same sound. A conceptual comparison is neutral as neither of the concepts has a clear meaning.

Based on the foregoing, the Board found that even if the marks have common sound and the conceptual comparison is neutral, given that the marks are sufficiently distinguishable in appearance, relevant consumers will not confuse the source of goods in question bearing the mark “Finto” with the cited mark. If so, the Board has reason to believe that they are dissimilar as a whole.

Printed Certificate of Registration Unavailable from April 1, 2026

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The COVID-19 pandemic, beginning in 2020, served as a significant catalyst for large-scale departures from the Japanese traditional administrative culture, namely, ending the use of hanko seals on official paper documents.

Effective April 1, 2024, the Japan Patent Office (JPO) began providing digital certificates of registration only upon special request. If an applicant did not receive a certificate via the internet within 10 days of its upload to the JPO server, under the current practice, the JPO would send a printed certificate by mail.

The new law, which aims to promote further digitalization, will take effect on April 1, 2026.

  1.   Under the new practice, if an applicant does not access the JPO server to download a certificate within 10 days of its upload, the certificate is presumed delivered after 10 days from the upload date. The JPO will not send a printed certificate by mail.
  2.   After April 1, 2026, applicants who want to receive a printed certificate can do so by refraining from filing a request for online notification with the JPO. However, the new law requires trademark attorneys to receive all JPO notifications online. Therefore, after April 1, 2026, foreign applicants directly filing trademark applications with the JPO through a local attorney in Japan have no choice but to receive a digital certificate.
  3. The digital certificate would neither be reissued nor included in a file wrapper.
  4. If a foreign trademark owner still prefers a printed certificate, the JPO will reissue one upon receiving a written request and the official fee of JPY4,600 per certificate.

Even under the new law, certificates of registration in Japan via the Madrid Protocol are still issued on paper.

Ziploc Ribbon, Ziploc, or Ribbon?

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In an appeal concerning the similarity between the registered mark “Ribbon” and a junior application containing the literal elements “Ziploc” and “Ribbon,” the Japan Patent Office (JPO) overturned the examiner’s refusal and held that the two marks were dissimilar.
(Appeal Case No. 2025-4546, decision dated January 19, 2026)

The contested mark: “Ziploc Ribbon”

SC Johnson & Son, Inc. filed a trademark application on February 14, 2024, for a composite mark comprising the literal elements “Ziploc” and “Ribbon,” with the word “Ribbon” placed below “Ziploc” within a ribbon design (see image below). The application designated plastic bags and containers in Classes 16 and 21. [TM Application No. 2024-14335]

“Ziploc” is widely known as a brand of reusable, re-sealable zipper storage bags and containers manufactured by S. C. Johnson & Son, a US-based company.

https://www.beams.co.jp/special/ziplocribbon/

JPO examination

On January 29, 2025, the JPO examiner rejected the application pursuant to Article 4(1)(xi) of the Japan Trademark Law, citing prior registered trademark No. 4873505 for the word mark “Ribbon” in standard character, which has been registered since 2005 for identical or similar goods in the same classes.

SC Johnson filed an appeal against the examiner’s decision on March 25, 2025, seeking revocation of the refusal.

Appeal Board decision

The JPO Appeal Board reversed the examiner’s decision and concluded that the marks were dissimilar, reasoning as follows:

  1. Because the literal elements of the applied-for mark are depicted in a similar monochromatic color scheme and arranged in close proximity, relevant consumers are likely to perceive the mark as a single, unified whole.
  2. The term “Ribbon” possesses only a low degree of inherent distinctiveness, as it is commonly used to denote a long, narrow strip of material employed for tying or decorative purposes.
  3. Given that the element “Ziploc,” which is prominently displayed in the contested mark, is widely recognized as an indicator of origin for the applicant’s zipper storage bags and containers, there is no evidence to suggest that the term “Ribbon,” shown beneath “Ziploc” in a smaller font, plays a dominant role in identifying the commercial source of the goods.
  4. In light of the foregoing, it is unreasonable to assess similarity between the marks based solely on the shared element “Ribbon.”

Based on this analysis, the Appeal Board set aside the examiner’s refusal and granted registration of the “Ziploc Ribbon” mark.

Abercrombie & Fitch Fails to Protect Trademark “A&F” with Moose silhouette

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The Japan Patent Office (JPO) did not side with Abercrombie & Fitch in an appeal against the JPO examiner’s rejection of the mark “A&F” with an iconic moose silhouette in Class 9 due to a conflict with the earlier mark “A&F” in Class 35.
[Appeal case no. 2025-9982, decided on December 23, 2025]

Abercrombie & Fitch

Abercrombie & Fitch filed a trademark application for the mark consisting of the term “A&F” and their iconic Moose silhouette (see below) for use on eyeglasses, sunglasses, googles for sports, earphones, headphones, telecommunication machines and apparatus, personal digital assistants, cases for smartphones in class 9 with the JPO on February 26, 2024 [TM App no. 2024-18531].

Rejection laid down in Article 4(1)(xi)

On May 7, 2025, the JPO examiner rejected the mark applied for lain down in Article 4(1)(xi) of the Japan Trademark Law by citing two earlier TM Reg Nos. 5218488 and 5588154 for the mark “A&F” owned by A&F Corporation.

Article 4(1)(xi) is a provision that prohibits the registration of a junior mark that is deemed identical with, or similar to, any earlier registered mark.

The cited marks designate retail or wholesale services for telecommunication machines and apparatus, and eyeglasses in Class 35.

Under the JPO practice, goods and retail or wholesale services for the goods are deemed similar.

JPO Appeal Board decision

Abercrombie & Fitch filed an appeal to request that the examiner’s rejection be set aside on June 26, 2025.

In the appeal brief, Abercrombie & Fitch argued that the figurative element is dominant in the contested mark as the Moose silhouette has acquired a certain degree of recognition among the relevant consumers in Japan.

However, the Board observed the examiner did not err in finding facts relevantly and dismissed the appeal by stating that:

  1. The figurative element does not engender any specific meaning or sound. The literal element, “A&F,” is also recognized as a coined word, as it does not appear in ordinary dictionaries. There is no reasonable basis to consider these elements as a whole due to the significant space gap and lack of conceptual association between them. Therefore, it is appropriate to find that the literal element “A&F” of the contested mark plays an independent role in identifying the source of the goods bearing the contested mark.
  2. Even if a conceptual comparison is neutral, as neither the contested mark nor the cited marks have a clear meaning, the relevant consumers are likely to confuse the source of the goods in question with the cited owner because of the close resemblance in appearance and pronunciation.
  3. Based on the evidence submitted by Abercrombie & Fitch to demonstrate the popularity of the moose design, the Board found it unpersuasive that the design plays a dominant role as a source indicator.

JPO found “is me” dissimilar to “iS.ME” as trademark

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The Japan Patent Office (JPO) reversed the examiner’s rejection of the word mark “is me” in Classes 14, 18, and 25, by finding it dissimilar to senior TM Reg No. 5006417 for the mark “iS.ME” with an oval device.
[Appeal case no. 2025-4535, decided on December 17, 2025]

“is me”

ARIGATO CO., LTD. filed a trademark application for the stylized mark “is me” (see below) in connection with personal ornaments (Cl. 14), bags (Cl. 18), and apparel products (Cl. 25) with the JPO on February 8, 2024. [TM App no. 2024-18788]

https://www.argt-ltd.com/eventlist/438/

TM Reg No. 5006417

On October 4, 2024, the JPO examiner issued a notice of ground for refusal by citing senior TM Reg No. 5006417 for the mark “IS.ME” with an oval device (see below) in Classes 12, 14, and 25.

The applicant filed a response against the refusal on November 27, 2024, to argue the dissimilarity of these marks. However, on February 4, 2025, the examiner decided to reject the entire application due to similarity to the cited mark based on Article 4(1)(xi) of the Japan Trademark Law.

On March 25, 2025, the applicant filed an appeal against the contested decision, requesting that the rejection be set aside.

JPO Appeal Board decision

The JPO Appeal Board disaffirmed the contested decision and found that the mark “is me” should not be subject to rejection under Article 4(1)(xi) by stating that:

  1. The mark in question consists of the letters “is me” written in a script font. Both terms, “is” and “me”, are English words generally familiar to Japanese consumers, meaning “to be” and “myself” respectively. Therefore, the mark has the sound of “iz-miː.” Meanwhile, as “is me” lacks a subjective term, it does not give rise to any specific meaning as a whole.
  2. The literal elements of the cited mark will not be considered inextricable from the graphical element because of a space between them, and lack of conceptual integrity as a whole. In this regard, it is reasonable to consider the literal element as dominant in the cited mark, and compare it with the mark in question to assess similarity between the marks. The literal element gives rise to various sounds, not limited to “iz-miː.”, but “ai-es-dot-emu-iː”, “iz-dot-miː.”, “ai-es-dot-miː”.
  3. From appearance, the cited mark features a distinctive combination of the initial letter “i” in lowercase and the subsequent three letters in uppercase, all written in bold Gothic and colored in red. This constitutes a prominent distinction from the mark in question, resulting in strong commercial impressions that are easily distinguishable.
  4. Aurally, even if both sounds are the same when the cited mark is pronounced as “iz-miː”, the other sounds are clearly distinguishable.
  5. A conceptual comparison is neutral as neither of them has any specific meaning.
  6. Based on the foregoing, given both marks are unlikely to cause confusion from visual and phonetic points of view, the Board has reason to believe the mark “is me” is deemed dissimilar to the cited mark as a whole.

SERAPIAN Successful in Registering iconic MOSAICO braided pattern as trademark

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The Italian-based fashion house Stefano Serapian S.r.l. was successful in an appeal to overturn the examiner’s rejection of TM App no. 2022-131488 for the Serapian’s signature “Mosaico” leather pattern in Class 18.
[Appeal case no. 2023-16337, decided on December 17, 2025]

SERAPIAN MOSAICO

Stefano Serapian S.r.l. filed a trademark application for a braided pattern (see below) for use on bags, suitcases, tote bags, backpacks, key cases, porches, wallets, coin cases, and handbags in Class 18 with the JPO on November 17, 2022 [TM App no. 2022-131488].

The Serapian Mosaico pattern is known for its iconic hand-weaving technique, which dates back to 1947 and serves as an emblem of the Italian luxury brand, Serapian.

https://www.serapian.com/

JPO Examination

On June 26, 2023, the examiner rejected the mark based on Article 3(1)(vi) of the Japan Trademark Law by finding that:

The applied-for mark represents a continuous and repetitive geometric pattern consisting of a white square with a vertical line in the middle and a black square in a diagonal position. As a whole, it will be perceived merely as a decorative background design. Besides, there is no distinctive element that identifies the source of the goods in question. Consequently, consumers are unable to recognize it as a source indicator due to its lack of inherent distinctiveness.

Serapian filed an appeal against the rejection on September 27, 2023, to dispute the inherent distinctiveness of the mark based on substantial use and advertising of the Mosaico collection in Japan since 2014.

JPO Appeal Board Decision

The JPO Appeal Board noted the following facts.

  • Founded in 1928, the applicant is known for its line of bags favored by the late British actress Audrey Hepburn. The applicant’s bags, which depict the applied-for mark and were designed in 1947, have been sold nationwide in Japan for over 10 years and have been distributed in Japan since 2014.
  • Major fashion magazines and online articles have featured the bags and their iconic “MOSAICO” pattern design.
  • The bags are also sold in major department stores and online malls. Despite being expensive and high-end goods, annual sales exceeded JPY 50 million in 2023 and JPY 9 million in 2024.
  • A discretionary survey by the Board did not reveal the actual use of a similar pattern by others.

Based on the foregoing, the Board found that relevant consumers and traders can distinguish the applicant’s goods from others based solely on the Mosaico pattern.

Therefore, since the applied-for mark is not subject to Article 3(1)(vi) of the Japan Trademark Law, the Board overturned the examiner’s rejection.