カテゴリー: Similarity of mark

Trademark dispute over MASTER SOMMELIER

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The Japan Patent Office (JPO) decided to overturn the examiner’s rejection to TM App no. 2023-37634 for the mark “MASTER SOMMELIER OF SAKE” due to an unlikelihood of confusion with “The Court of Master Sommeliers” when used in connection with educational consultancy and examination services of class 41.
[Appeal case no. 2024-10027, decided on May 15, 2025]

MASTER SOMMELIER OF SAKE

Sake Sommelier Academy Limited, a UK company, filed a trademark application for the mark “MASTER SOMMELIER OF SAKE” (see below) for use on educational consultancy; educational examination; arranging, conducting and organization of seminars; providing electronic publications and other services in class 41 with the JPO on April 7, 2023.

The applicant works alongside a network of approved professional sake educators in all corners of the globe, to provide unprecedented Sake Sommelier training.

https://sakesommelieracademy.com/

The Court of Master Sommeliers

On March 19, 2024, the JPO examiner rejected the applied mark because the term “MASTER SOMMELIER” is widely recognized by consumers as the highest-level sommelier qualification conferred by the Court of Master Sommeliers (CMS), a UK-based organization. Therefore, because of the close resemblance between the marks, using the applied mark in connection with the designated services could cause consumers to believe a source of the services in question from CMS or its association. Accordingly, the applied mark is unregistrable based on Article 4(1)(xv) of the Japan Trademark Law.

https://courtofmastersommeliers.org/

The applicant filed an appeal with the JPO to contest the rejection on June 17, 2024, and argued that there is no likelihood of confusion with CMS.

JPO decision

In global assessment of a likelihood of confusion, the JPO Appeal Board compared similarity of mark as one of the factors.

“When comparing the appearance of the applied mark with that of the cited mark, notable differences are evident. The applied mark contains a figurative element that represents a small sake cup (ochoko). The literal element of the applied mark contains the phrase “of Sake” at the end, which is not present in the cited mark. These differences have a significant impact on the overall visual impression, and the marks are therefore unlikely to be confused in appearance.

Secondly, with respect to pronunciation, “Master Sommelier of Sake” differs from “Master Sommelier” due to “of Sake” at the end. The distinction substantially alters the whole sound of respective marks, making the two marks clearly distinguishable.

Finally, a conceptual comparison is neural as neither the applied mark nor the cited mark has any clear meaning”.

In light of the foregoing, the Board found that two marks are deemed dissimilar overall, and the degree of similarity between them is low.

Given that it is unclear whether the cited mark is widely recognized among consumers in Japan as an indicator of services associated with CMS, using the applied mark by the applicant in connection with the services in class 41 is unlikely to cause traders or consumers to associate or recall the cited mark, the Board held.

Based on the foregoing, the JPO Appeal Board overturned the examiner’s rejection and granted protection of the applied mark accordingly.

JPO found “ARIS” dissimilar to “arivis” in trademark opposition

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The Japan Patent Office (JPO) dismissed an opposition claimed by Carl Zeiss Microscopy GmbH against TM Reg no. 6846031 for word mark “AIRIS” due to dissimilarity to earlier IR no. 1566263 for word mark “arivis”.
[Opposition case no. 2024-900248, decided on May 13, 2025]

AIRIS

Appier Private Limited, a Singapore company, filed a trademark application for word mark “AIRIS” in connection with SaaS, computer programming and other computer software-related services in class 42 with the JPO on February 6, 2024 [TM App no. 2024-11487].

The JPO examiner granted protection of the applied mark and published it for a post-grant opposition on September 30, 2024 after registration [TM Reg no. 6846031].

Opposition by Carl Zeiss

On November 29, 2024, Carl Zeiss Microscopy GmbH, an owner of IR no. 1566263 for word mark “arivis” in standard that designates computer software-related goods and services in classes 9, 42, and 45, filed an opposition with the JPO and claimed cancellation of the mark “AIRIS” in contravention of Article 4(1)(xi) of the Japan Trademark Law.

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.

JPO decision

The JPO Opposition Board assessed similarity between “AIRIS” and “arivis” from visual, aural and conceptual points of view.

  • Visual similarity

Even if the alphabets that constitute the contested mark are included in the cited mark, the terms “AIRIS” and ‘arivis’ differ in the order and the number of the letters, and the presence or absence of the letter “v”. These differences have a significant impact on the overall visual impression of two marks, given both have relatively short character structures. Therefore, the marks are visually distinguishable.

  • Aural similarity

A comparison of the pronunciation of “AIRIS” and “arivis” reveals clear distinctions in the second and third sounds. Despite the presence of the vowel sound (i) in both sounds, the distinction between the second and third sounds has a substantial impact on the overall tone and feel. Consequently, when pronounced as a whole, there is no risk of confusion between the sounds, ensuring their clear distinction.

  • Conceptual similarity

A conceptual comparison is neutral because neither “AIRIS” nor “arivis” has any clear meaning.

Based on the foregoing, the Opposition Board noted:

Even if the contested mark and the cited mark cannot be compared in concept, there is no likelihood of confusion in appearance and sound. Therefore, taking into consideration the overall impression, memory, and associations given to traders and consumers by means of the appearance, pronunciation, and concept of both marks, the Board found a reason to believe that two marks are dissimilar and unlikely to cause confusion when used on the services in question.

Consequently, the JPO decided to dismiss the opposition and declared validity of the contested mark as the status quo.

Trademark dispute: “VOLKA” vs “VOLGA”

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The Japan Patent Office (JPO) overturned the examiner’s rejection to TM App no. 2023-82305 for word mark “VOLKA” in class 34 on the ground of dissimilarity to TM Reg no. 5940973 for word mark “VOLGA” in class 35.
[Appeal case no. 2025-148, decided on May 7, 2025]

VOLKA

Fukashiro Corporation filed a trademark application for word mark “VOLKA” in standard character for use on hookahs, tobacco, electronic cigarettes, smokers’ articles, and matches in class 34 with the JPO on July 25, 20223 [TM App no. 2023-82305].

VOLGA

On May 31, 2024, the JPO examiner rejected the applied mark based on Article 4(1)(xi) of the Japan Trademark Law by citing earlier TM Reg no. 5940973 for wordmark “VOLGA” in standard character that designates various services in class 35.

The applicant filed an appeal against the rejection on August 30, 2024, and requested for cancellation of the rejection by arguing dissimilarity of mark.

JPO decision

At the outset, the JPO Appeal Board found the applied mark “VOLKA” does not give rise to any specific meaning since it is not a word on English dictionary and there is no common trade practice of actual use of the word. Meanwhile, the Board found the cited mark “VOLGA” has a meaning of ‘the longest ricer in Europe, stretching through Russia and flowing into the Caspian Sea’.

In light of the aforementioned findings, the Board made a comparative analysis of two marks from the perspectives of visual, aural and conceptual similarity.

Visually, although both marks share the four letters “VOL” at the beginning and “A” at the end, the fourth letters ‘K’ and “G” are different. Given that both marks consist of only five letters, the difference cannot be negligible from the overall impression. Relevant consumers would consider the respective marks represent a distinct word. Therefore, they are visually distinguishable.

Phonetically, there is difference in the sound of the unvoiced consonant ‘ka’ and the voiced consonant “ga” at the end of the word. Since both marks consist of only three sounds, which is an extremely short sound structure, the difference at the end of respective word has a remarkable impact on the overall sound, and the entire pronunciation gives rise to distinctive tone and feel.

Conceptually, there is no likelihood of confusion between the applied mark the cited mark because the applied mark has no meaning, whereas the cited mark gives rise to a meaning of ‘the Volga River’.

Therefore, the Board has a reason to believe the applied mark is dissimilar to, and unlikely to cause confusion with the cited mark when used on the goods in question.

Trademark dispute: “MARZY” vs “by MERZY”

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The Japan Patent Office (JPO) affirmed the examiner’s rejection to TM App no. 2023-54018 for word mark “by MERZY” in class 3 due to a conflict with TM Reg no. 6704955 for word mark “MARZY” in the same class 3.
[Appeal case no. 2025-148, decided on May 7, 2025]

TM App no. 2023-54018

MEFACTORY Co., Ltd., a South Korean cosmetic company, filed a trademark application for word mark “by MERZY” for use on cosmetics in class 3 with the JPO on May 18, 20223.

The cosmetic brand “MERZY,” which was born in South Korea, now attempts to attract Japanese consumers as well. The South Korean beauty market is valued at $25 billion, and ranked 5th in global cosmetic exports.

https://www.qoo10.jp/shop/MERZY

TM Reg no. 670495

On October 18, 2024, the JPO examiner rejected the applied mark based on Article 4(1)(xi) of the Japan Trademark Law by citing earlier TM Reg no. 6704955 for wordmark “MARZY” in standard character that designates cosmetics in class 3 owned by Yugen Kaisha LIMPIO.

https://questlimpio.com/

The applicant filed an appeal against the rejection on January 7, 2025, and requested for cancellation of the rejection by arguing dissimilarity of mark.

In the appeal, the applicant argued inter alia the dissimilarity of sound between “MERZY” and “MARZY”.

JPO decision

The JPO Appeal Board found that relevant consumers would consider the literal element “MERZY” as a dominant portion of the applied mark, given the common usage of the English word “by”.

Therefore, it is permissible to dissect into individual parts and assess similarity to the cited mark focusing on the word element “MERZY” of the applied mark.

The Board stated that the applied mark is likely to give rise to two sounds, ‘mɜː zi’ or ‘merzi’, based on the fact that the term “MERZY” is not a word on English dictionary. Regarding the cited mark “MARZY”, the Board found that it just gives rise to a sound of ‘mɜː zi’.

Based on the foregoing, the Board assessed both marks visually give a substantially similar impression because the term “MERZY” and “MARZY” consist of five letters and a difference in the second letter is trivial.

Even though both marks are neutral in concept, they give a substantially similar impression in appearance and share the same pronunciation. Taking into account the comprehensive impression, memory, and associations of both marks conceived in the mind of relevant traders and consumers, the Board has a reason to believe that both marks are similar to a high degree and likely to cause confusion when used in relation to the goods in question.

Similarity of trademark containing a similar star device

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In an appeal trial, the Japan Patent Office (JPO) overturned the examiner’s rejection of TM App no. 2024-17220 for the mark F with a star device, finding that it was dissimilarity to earlier TM Reg no. 4105585 for the encircled star device mark.
[Appeal case no. 2024-18518, decided on April 30, 2025]

TM App no. 2024-17220

Fighters Sports & Entertainment Co., Ltd., an affiliate company of the Japanese professional baseball team “Hokkaido Nippon-Ham Fighters”, filed a trademark application for a mark consisting of the letter “F” and a blue-star device (see below) for use on various foods in class 29 and 30 with the JPO on February 21, 2024.

The applied mark is used to indicate a newly developed facilities and ES CON FIELD, a home stadium of Nippon-Ham Fighters in Hokkaido.

https://www.hkdballpark.com/

TM Reg no. 4105585

On August 1, 2024, the JPO examiner rejected the applied mark based on Article 4(1)(xi) of the Japan Trademark Law due to its similarity to an earlier TM Reg no. 4105585 for an encircled star device mark in class 30.

The applicant filed an appeal against the rejection on November 20, 2024, and requested cancellation of the examiner’s refusal by arguing dissimilarity of mark.

JPO decision

At the outset, the JPO Appeal Board found the literal element “F” of the applied mark per se would not play a role in identifying specific source because a single digit is commonly used to describe a model or code of the goods in question. If so, the star device can be dominant in the applied mark.

The Board further stated that the applied mark as a whole is clearly distinguishable from the cited mark by the presence or absence of the letter “F.”

Even when comparing the respective star devices, there are two distinguishing features. First, the cited mark has two longer lower protrusions. Second, the star device is represented in a circle. These differences are sufficient to find a lack of likelihood of confusion when they are compared at different times and locations.

An aural and conceptual comparison is neutral because neither the applied mark nor the cited mark has any clear meaning.

Considering that the two marks are not visually similar and cannot be compared in terms of pronunciation and concept, the Board believes that the applied mark is dissimilar to the cited mark. Therefore, there is less risk of confusion regarding the source of the goods in question when considering the overall impression and memory of the respective marks.

Trademark dispute: MINI vs. DMINI

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The Japan Patent Office (JPO) dismissed an opposition claimed by BMW against TM Reg no. 6798869 for wordmark “DMINI” in class 12 due to dissimilarity to and unlikelihood of confusion with a famous small car “MINI”.
[Opposition case no. 2024-900137, Gazette issued date: April 25, 2025]

DMINI

Mitsubishi Motors Corporation filed a trademark application for word mark “DMINI” in standard character for use on automobiles, motorcycles, bicycles, electric cars, hybrid electric cars, driverless cars and other goods in class 12 with the JPO on October 10, 2023.

The JPO examiner did not raise any objection in the course of substantive examination, and granted registration on March 29, 2024.

The mark “DMINI” was published on trademark registration gazette (TM Reg no. 6798869) for a post-grant opposition on May 7, 2024.

Opposition by BMW

Bayerische Motoren Werke GmbH (BMW) filed an opposition with the JPO on July 5, 2024 before the lapse of two-month statutory period counting from the publication date.

BMW requested the cancellation of the mark “DMINI” based on Article 4(1)(vii), (xi), and (xv) of the Japan Trademark Law by citing its owned earlier trademark registrations for wordmark “MINI” in class 12.

Allegedly, the cited mark has become famous among the relevant consumers to indicate a source of the world-famous small cars “MINI” that have been imported into Japan for more than the past six decades. BMW argued that the literal element “MINI” would be dominant in the opposed mark, taking into account the high degree of recognition of the cited mark “MINI” among the consumers. If so, both marks should be considered similar, or likely to cause confusion in relation to the goods in question.

JPO decision

From the produced evidence, the JPO Opposition Board found the cited mark “MINI” has acquired a remarkable degree of popularity and reputation among consumers to indicate the automobiles (small cars) manufactured by BMW.

However, the Opposition Board question similarity of the marks by stating that:

“There is a difference in the presence or absence of the letter “D” at the beginning of each mark. The difference has a strong visual impact and is likely to create a different impression given the relatively short character structure of five and four letters respectively. Therefore, there is a low degree of visual similarity between the marks.

Secondly, there is a difference between in the overall sound of “DMINI” and “MINI” due to the presence or absence of the sound “D” at the beginning. It has a significant impact on the overall sound, given the short phonetic structure of four or two sounds, and thus the overall tone and aural impression are clearly different to the extent that a risk of confusion in pronunciation is not conceivable.

Thirdly, the opposed mark does not give rise to a specific meaning, whereas the cited mark has a meaning of “famous automobile brand owned by BMW”. If so, there will be any conceptual confusion.”

Even if the cited mark “MINI” has become famous and the goods in question are highly related to the goods bearing the cited mark administered by BMW, given the facts that the term “MINI” is not a coined word and the low degree of similarity between “MINI” and “DMINI”, the Board has no reason to believe that the consumers are likely to confuse a source of goods bearing the opposed mark “DMINI” with BMW.

Based on the foregoing, the Board decided to dismiss the entire opposition and declared the validity of the mark “DMINI” as status quo.

Trademark Dispute: Domino’s Pizza vs Dog’s Pizza

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In a trademark opposition against TM Reg no. 6804935 for the mark “Dog’s Pizza”, the Japan Patent Office (JPO) did not side with Domino’s IP Holder LLC, which claimed similarity to and likelihood of confusion with Domino’s red and blue rectangular emblem with three white dots.
[Opposition case no. 2024-900149, decided on April 2, 2025]

Dog’s Pizza

The contested mark, consisting of the words “DOG’s PIZZA” in red and its translation written in Japanese katakana character, and rectangular device in red and dark blue with two paw prints (see below), was filed with the JPO by a Japanese individual for use on February 14, 2024 for use on pet food and dog food in Class 31 [TM App no. 2024-14656].

Upon request for accelerated examination, the JPO examiner granted registration of the mark on April 30, 2024, without raising any grounds for refusal.

https://mogmogwan.jp/ca2/22/p-r2-s/

Opposition by Domino’s Pizza

On July 23, 2024, a two-month statutory period counting from the publication date, May 23, 2024, Domino’s IP Holder LLC filed an opposition and claimed cancellation of the contested mark in contravention of Article 4(1)(x), (xv) and (xix) of the Japan Trademark Law.

Domino argued that the rectangular device of the contested mark is distinctive and dominant element to identify a specific source. Comparing the device with Domino’s red and blue rectangular emblem with three white dots, which has become famous per se as the source indicator of Domino’s Pizza in Japan, they are visually similar to a high degree. Therefore, the relevant consumers, upon seeing the contested mark used on the goods in question, would associate it with Domino’s Pizza and confuse the source with Domino’s Pizza or any business entity economically or systematically related to Domino’s Pizza.

JPO decision

The JPO Opposition Board stated that, even though Domino’s Pizza Japan, Inc., a domestic franchisee, has operated more than 1,000pizza delivery and take-away stores in Japan, unless the evidence submitted included sales figures, market share, and advertising expenditures in Japan and other countries, the Board could not find it reasonable to concede a high degree of recognition of the cited mark among the relevant consumers.

Regarding the similarity of the marks, the Board considers that the consumers are unlikely to confuse the two marks because of the clear difference in the dots and paw prints depicted in the rectangular device. Furthermore, there is no indication of similarity from an aural and conceptual point of view.

Given the lack of evidence concerning the reputation of the cited mark and the low degree of similarity between the marks, the Board found that there was no reason to find a likelihood of confusion on the part of the public.

Based on the foregoing, the Board decided to dismiss the entire allegations and, accordingly , to declare the validity of the contested mark.

HERMES Defeated with Trademark Opposition against KIMONO TWILLY

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The Japan Patent Office (JPO) dismissed an opposition filed by Hermes International against TM Reg no. 6753650 for the word mark “KIMONO TWILLY” in Class 18, claiming a likelihood of confusion with the Hermes scarves “TWILLY”.
[Opposition case no. 2024-900010 / Gazette issued date: March 28, 2025]

KIMONO TWILLY

The contested mark, consisting of word “KIMONO TWILLY” in standard character, was filed by NPO Kimono For World Heritage Promotion Committee for use on bags and pouches, purses, vanity cases in Class 18 with the JPO on April 20, 2023 [TM App no. 2023-49360].

“KIMONO” is a traditional piece of Japanese clothing like a long loose coat, worn at special ceremonies.

https://omotenashi.or.jp/

The JPO granted registration of the mark “KIMONO TWILLY” on October 13, 2024, without issuing any refusal notice, and published it for a post-grant opposition on November 22, 2023.

Hermes TWILLY

On Jan 19, 2024, Hermes International filed an opposition against “KIMONO TWILLY” based on Article 4(1)(xv) and (xix) of the Japan Trademark Law by citing an owned earlier TM Reg no. 4764732 for the word mark “TWILLY” in Classes 24, 25, and 26.

Hermes argued that the contested mark is confusingly similar to the earlier mark “TWILLY”, which has become famous for Hermes’ tie-like scarves, because the term “KIMONO” is less distinctive in relation to the goods in question.

Taking into consideration that the contested mark covers bags, which have a close association with Hermes, and that the “TWILLY” scarves are widely known to be used to wrap the handles of Hermes handbags, the relevant consumers are likely to confuse a source of the goods in question bearing the contested mark with Hermes. Given the significant popularity and reputation of the Hermes TWILLY scarves, the applicant would have to be in bad faith to free-ride on that reputation by deliberately adopting a similar mark.

JPO decision

The JPO Opposition Board noted the submitted evidence was inadequate to substantiate a high degree of recognition for the earlier mark “TWILLY” since Hermes failed to provide objective evidence concerning sales figures, market share, and advertising expenditures in Japan and other countries.

Additionally, the Board found that the contested mark should be assessed in its entirety even if the term “KIMONO” indicates a traditional piece of Japanese clothing, as the respective word of the contested mark is represented in the same font, size, and the whole sound is not too long.

If so, both marks are deemed dissimilar because there is a clear difference in appearance and sound even though a conceptual comparison is neutral as none of them have any clear meaning.

Based on the above findings, the Board has no reason to believe that relevant consumers of the goods in question would associate the contested mark with Hermes “TWILLY” scarves.

Consequently, the Board decided the contested mark should not be canceled in contravention of Article 4(1)(xv) and (xix).

Trademark dispute: “MARROW” vs “Le mallow”

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In a recent decision, the Japan Patent Office (JPO) disaffirmed the examiner’s rejection of TM App no. 2023-42899 for wordmark “MARROW” in class 3 based on erroneous finding of similarity to earlier TM Reg no. 6107748 for wordmark “Le mallow” in class 3.
[Appeal case no. 2024-10724, decided on March 3, 2025]

MARROW

East Corporation Inc. files a trademark application for word mark “MARROW” in standard character for use on cosmetics in class 3 with the JPO on March 29, 2024 [TM App no. 2023-42899].

https://eastcorporation.net/

Le mallow

On March 29, 2024, the JPO examiner found the applied mark is note eligible for registration under Article 4(1)(xi) of the Japan Trademark Law due to a conflict with earlier TM Reg no. 6107748 for the wordmark consisting of “Le mallow” and its Japanese transliteration represented as below. The cited mark also designates cosmetics in class 3.

The examiner stated in her rejection that a mark to be used in connection with cosmetics and clothing frequently contains French terms. The word “Le”, known as a definite article in French having no particular meaning, is less distinctive per se. In this respect, it is reasonable to assume that relevant consumers would pay attention to the word “mallow” as distinctive and dominant element of the applied mark. If so, the examiner believes that the cited mark does not give rise to a specific meaning, but has the same sound with the applied mark.

Where the consumers are unable to remember a mark with its meaning, they will have to rely on its sound. Therefore, in assessing similarity of the mark that has no particular meaning, it is reasonable to focus on similarity of the sound as a matter of course.

The applicant filed an appeal against the rejection with the JPO on June 28, 2024, requesting that the rejection be set aside.

JPO Appeal Board decision

The JPO Appeal Board had doubt whether the term “mallow” is dominant in the cited mark from overall configuration.

The Board found the cited mark should be assessed in its entirety because the literal elements are all represented in the same font and size. The whole sound can be pronounced smoothly. Given the term “mallow” is not a familiar foreign word among relevant consumers in Japan, it is rather unreasonable to find that the cited mark can be dissected into two words and the consumers consider the term “mallow” as a dominant element of the cited mark.

Based on the above findings, the Board assessed similarity of the marks.

From appearance, both marks are distinguishable on account of differences in overall configuration and components of the letter. Aurally, the sound “mær·oʊ” of the applied mark and “lə mæl.oʊ” of the cited mark are dissimilar due to clear difference in the initial sound. A conceptual comparison is neutral as neither mark has any clear meaning. Taking globally into consideration the impression, recollection, and perception of both marks by the average consumers, the Board finds it reasonable to consider the applied mark is dissimilar to and unlikely to cause confusion with the cited mark.

As a conclusion, the Board decided to overturn the examiner’s rejection and granted registration of the applied mark.

Porsche Successful in Registration of Composite Mark “PCA”

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The Japan Patent Office (JPO) reversed the examiner’s rejection of TM App no. 2023-61383 for composite mark “PCA” filed by Porshe Japan on account of dissimilarity to earlier trademark registrations for word mark “PCA”.
[Appeal case no. 2024-3079, decided on February 17, 2025]

PREMIUM CHARGING ALLIANCE “PCA”

Porsche Japan K.K., a wholly-owned subsidiary of Porsche AG as an official distributor of Porsche vehicles in Japan, filed trademark application for composite mark “PCA” as shown below with the JPO for use on ‘compute programs’ in class 9 and ‘computer software design; computer programing; maintenance of computer software; providing computer programs on data networks’ in class 42 on June 5, 2023.

Porsche Japan has launched a project to expand the network of 150kW fast charging stations across Japan by forming an alliance with Audi in April 2022. The applied mark is used to indicate the project.

JPO examination

On November 21, 2023, the JPO examiner rejected the applied mark due to a conflict with earlier trademark registration nos. 1738222, 5762134 and 5764544 for word mark “PCA” in class 9 and 42 owned by PCA Corporation based on Article 4(1)(xi) of the Trademark Law.

In the refusal decision, the examiner stated that the element “PCA” in the upper line of the applied mark is dominant in the overall visual impression. If so, the applied mark is confusingly similar to the cited marks, even though there is a difference in appearance, since both marks give rise to the same sound.

Porsche Japan filed an appeal against the rejection on February 21, 2024, requesting that the decision be set aside.

Appeal Board decision

The JPO Appeal Board found the applied mark should not be dissected into individual parts from its overall configuration. Relevant consumers would recognize the term “PCA” in the upper line as an abbreviation of the term “PREMIUM CHARGING ALLIANCE” in the lower line. Both the term “PCA” and “PREMIUM CHARGING ALLIANCE” would not give rise to any specific meaning.

In assessing similarity of the marks, the Board held there is no clear distinction in appearance between the marks as a whole. Phonetically, the applied mark is dissimilar to the cited marks on account of the sound arising from the term “PREMIUM CHARGING ALLIANCE”. The conceptual aspect does not have impact on the assessment of similarity, since both marks are meaningless.

Based on the above findings, the Board found the examiner erroneously applied Article 4(1)(xi) and declared registration of the applied mark due to dissimilarity to the earlier mark “PCA”.