カテゴリー: Similarity of mark

Trademark dispute: VALENTINO GARAVANI vs GIANNI VALENTINO

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In a trademark opposition claimed by Valentino S.p.A. against TM Reg no. 6550051 for the GIANNI VALENTINO mark, the Japan Patent Office (JPO) decided to cancel the registration due to a conflict with earlier IR no. 975800 for the VALENTINO GARAVANI mark.
[Opposition case no. 2022-900274, decided on August 23, 2024]

GIANNI VALENTINO

YOUNG SANGYO CO., LTD filed a trademark application with the JPO on November 10, 2021 for a mark consisting of a “V” device in a circle and the word “GIANNI VALENTINO” (see below) for use on footwear in class 25 [TM App no. 2021-140169].

The applicant, as one of the official licensees, has been distributing bags and pouches bearing the applied mark in the Japanese market.

https://shop.gianni-valentino.com/

The JPO examiner granted registration of the applied mark on April 19, 2022. The mark was published for a post-grant opposition on May 11, 2022 [TM Reg no. 6550051].

Opposition by Valentino S.p.A.

Valentino S.p.A. filed an opposition on July 6, 2022 and claimed cancellation of the GIANNI VALENTINO mark in contravention of Article 4(1)(xi) of the Japan Trademark Law on the ground that the contested mark is confusingly similar to earlier IR no. 975800 for a mark consisting of an iconic “V” device in a circle and the words “VALENTINO” and “GARAVANI” arranged in two lines (see below), which designates footwear and other goods in class 25.

Valentino argued that the literal element “VALENTINO” was dominant in the cited mark because of a high degree of recognition as a source indicator of the opponent’s business as a result of substantial and continuous use in relation to fashion industries. Therefore, relevant consumers with an ordinary care are likely to consider the term “VALENTINO” as a prominent portion of the contested mark when used on the goods in question. If so, the contested mark shall be deemed similar to the cited mark from visual, aural and conceptual points of view.

JPO decision

The JPO Opposition Board found that the mark “VALENTINO” is famous among relevant consumers and traders in Japan for apparel.

The Board noted the contested mark can be dissected into individual parts on account of its appearance and famousness of the term “VALENTINO”. Given the mark “GIANNE VALENTINO” as a whole has not been recognized among relevant consumers as a source indicator of the applicant, it is reasonable to consider the literal element “VALENTINO” as a dominant part of the contested mark, which plays a role in identifying the source of the goods in question.

Similarly, the literal element “VALENTINO” of the cited mark can be considered as a dominant part because of its famousness to indicate the opponent’s business.

It is obvious that the dominant part of both marks has the same appearance, sound and meaning. If this is the case, the Board has a reason to believe that the contested mark, even as a whole, is confusingly similar to the cited mark from a visual, aural and conceptual point of view.

Based on the above findings, the JPO sided with Valentino S.p.A. and decided to cancel the contested mark in its entirety in contravention of Article 4(1)(xi).

JPO found “Arounds” dissimilar to “AROUND” as trademark

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The Japan Patent Office (JPO) reversed examiner’s rejection to TM App no. 2023-100274 “Arounds” in classes 9, 35, 41 and 42 by finding dissimilarity of mark to earlier IR no. 873694 “AROUND” in class 9.
[Appeal case no. 2024-7308, decided on August 13, 2024]

Arounds

Funny Side Up, Inc. filed a trademark application for wordmark “Arounds” in standard character for use on goods in class 9 and services in classes 35, 41, and 42 with the JPO on September 7, 2023.

The applicant uses the mark to indicate an online platform for a lifestyle exchange community.

AROUND

On February 14, 2024, the JPO examiner rejected the mark “Arounds” in contravention of Article 4(1)(xi) of the Japan Trademark Law due to a conflict with earlier IR no. 873694 for wordmark “AROUND” in class 9.

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 applicant filed an appeal against the rejection with the JPO on April 30, 2024 and argued dissimilarity of mark between “Arounds” and “AROUND”.

JPO decision

The JPO Appeal Board found the examiner errored in finding similarity of mark and decided to reverse the rejection.

  • Assessment of the applied mark

The term “Arounds” is neither present in dictionaries nor immediately recognizable as a specific word. Therefore, the mark “Arounds” just has a sound of “Arounds”, but not any specific meaning from its component letters.

  • Assessment of the earlier mark

It is obvious that the average consumers will recognize the cited mark, comprised of the English word “AROUND”, has a sound of “AROUND” and a meaning of ‘positioned or moving in or near a place’ from its constituent letters.

  • Comparison of two marks

From appearance, two marks share the same term “Around” at the beginning. However, the term “AROUND”, a commonly known English word among consumers, has been rarely represented or used in the plural form. If so, the Board has a reason to believe that, on account of the presence of a letter “s” at the end of the applied mark, relevant consumers will consider two marks represent different words and thus it is possible for the consumers to visually distinguish them.

Because of aural difference in the bottom sound of “z” or “d”, it causes a discernible distinction in the overall tone and nuance so that the consumers can distinguish the sound of two marks.

Regarding conceptual comparison, the cited mark gives rise to a clear meaning, whereas the applied mark does not have any specific meaning. Therefore, there is no risk of confusion from a conceptual point of view.

Given relevant consumers can distinguish both marks from appearance and sound, and there is no likelihood of confusion in concept, the Board has a reason to believe that the applied mark “Arounds” is dissimilar to the cited mark “AROUNDS” even if when used on the same or similar goods in class 9.

  • Conclusion

Based on the foregoing, the Board decided to overturn the examiner’s rejection and granted registration of the applied mark.

Trademark dispute: “Ⓗ REWARDS” vs “REWARDS”

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In a recent decision, the Japan Patent Office (JPO) found that a junior mark consisting of Circled “H” and a word “REWARDS” is dissimilar to earlier trademark “REWARDS” and decided to overturn the examiner’s refusal.
[Appeal case no. 2024-1366, decided on August 6, 2024]

Applied mark

H WORLD HOLDINGS SINGAPORE PTE. LTD. filed a trademark application with the JPO on August 2, 2022. for a mark consisting of a circled “H” device and the word “REWARDS” (see below) in connection with various services of Classes 35 and 43.

Cited mark

On December 5, 2023, the JPO examiner decided to reject the applied mark due to a conflict with earlier TM Reg no. 5017950 for wordmark “REWARDS” in standard character for use on various services in classes 35 and 39 based on Article 4(1)(xi) of the Japan Trademark Law.

Article 4(1)(xi) is a provision to prohibit registration of a junior mark that is identical with, or similar to, any senior registered mark.

The applicant filed an appeal against the rejection with the JPO on January 25, 2024.

JPO decision

Astonishingly, the JPO Appeal Board found the applied mark is dissimilar to the cited mark by stating that:

The applied mark is composed of the alphabet “H” in circle and a word “REWARDS”. Despite the slight separation between “H” and “REWARDS”, as these letters are represented in the same typeface and alphabets in a horizontal line, it rather gives a coherent impression in appearance.

 Although the word “REWARDS” is an English word denoting the plural form of “REWARD,” in a coherent composition like the applied mark, the applied mark will be simply recognized as representing a coined word consisting of the words “H REWARDS.”

If so, the applied mark would give rise to a sound of ‘H REWARDS’, but no specific meaning as a whole.

Comparing the applied mark with the cited mark, regardless of the fact that both marks share the word “REWARDS,” two marks are visually distinguishable by virtue of the presence or absence of the circled letter “H”.

Likewise, both marks are distinguishable in sound because of the presence or absence of the initial component sound that remarkably alters the overall tone and nuance.

From a conceptual point of view, the applied mark does not give rise to a specific meaning, whereas the cited mark has a meaning of “ something given in exchange for good behavior or good work, etc.” There is no room to find conceptual similarity between the marks.

Based on the above findings, the Board noted that the applied mark is sufficiently distinguishable from the cited mark and unlikely to cause confusion with the cited mark when used in relation to the services in question.

Therefore, even though the services sought for registration by the applied mark are deemed similar to the service designated under the cited mark, given the applied mark is dissimilar to the cited mark, it is inappropriate to apply Article 4(1)(xi) of the Trademark Law.

Accordingly, the Board decided to overturn the examiner’s rejection and granted protection of the applied mark.

JPO decision: “PENINSULA HILLS” unlikely to cause confusion with “The Peninsula”

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The Japan Patent Office (JPO) reversed the examiner’s refusal and granted registration of the word mark “PENINSULA HILLS” written in Japanese Katakana characters in Classes 36 and 43, finding no likelihood of confusion with a world-renowned hotel “The Peninsula”.
[Appeal case no. 2023-4720, decided on July 25, 2024]

PENINSULA HILLS

CF-1 Co., Ltd. filed a trademark application with the JPO on January 7, 2022 for the word mark “PENINSULA HILLS” written in Japanese Katakana characters (see below) for use in, among other things, real estate services in Class 36 and hotel and restaurant services in Class 43 (TM App No. 2022-1353).

The Peninsula

The JPO examiner decided to reject the applied mark “PENINSULA HILLS” by finding a likelihood of confusion with a world-renowned hotel “The Peninsula” because the mark contains the term “PENINSULA”, which is highly recognized by consumers as an abbreviation of the luxury hotel, based on Article 4(1)(xv) of the Japan Trademark Law on December 6, 2022.

To contest the rejection, the applicant filed an appeal against the rejection with the JPO on March 3, 2023.

JPO Appeal Board decision

To my surprise, the JPO Appeal Board questioned a high degree of recognition of the hotel “The Peninsula” by stating that:

“The Peninsula Tokyo” is the only hotel commercially operated by The Hongkong Shanghai Hotels, Limited in Japan. If so, the number of users is quite limited. Even if there are hotels with the name “The Peninsula” operated by the company in foreign countries and then Japanese travelers may stay the hotels, it is insufficient to find a high recognition of the hotel to average consumers since there is no objective data regarding the number of users, its sales, and the ratio of Japanese users and sales.

Therefore, the Board has no reason to believe that the term “PENINSULA” is widely recognized by consumers in Japan as an abbreviation for the hotels managed by the company.

In a global assessment of the likelihood of confusion, the Board found the applied mark is dissimilar to the cited mark “The Peninsula”.

The applied mark and the cited mark differ significantly in appearance due to the difference in the number of letters and the presence of the word “HILLS”. Furthermore, the difference in the number of syllables and the presence of the sound “HILLS” make the pronunciations easily distinguishable. Therefore, the relevant consumers and traders will be able to distinguish between the two marks are will consider them to be dissimilar because of the clear difference in the overall impression.

Given no high recognition of the hotel “The Peninsula” and low degree of similarity to the applied mark, the Board finds no reason to believe the applied mark may cause confusion with the cited mark when used in relation to the services in question.

In view of the foregoing, the Board held that the examiner had errored in applying Article 4(1)(xv), and decided to grant protection to the applied mark.

TRILITH STUDIOS vs TRILITH

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The Japan Patent Office (JPO) declared the invalidation of TM Reg no. 6371496 “TRILITH” due to similarity with earlier IR no. 1534597 “TRILITH STUDIOS” owned by Trilith IP Holdings, LLC.
[Invalidation case no. 2022-890066, decide on July 8, 2024]

TRILITH

On January 5, 2021, GAIAMOND Inc., a Japanese company, filed an application for registration of wordmark “TRILITH” (‘the contested mark’) with the JPO (TM app no. 2021-745), designating, inter alia, “game trading cards; toys” in Class 28.

Immediately after the filing, the applicant requested an accelerated examination based on the fact the company uses the contested mark in relation to display frame for game trading cards.

https://ginzo-shop.com/items/62a42b262bf901166cb94227

Accordingly, the JPO examiner granted protection of the contested mark in two months on March 15, 2021 (TM Reg no. 6371496).

TRILITH STUDIOS

Trilith IP Holdings, LLC, a holder of IR no. 1534597 for word mark “TRILITH STUDIOS” that is known as one of the largest purpose-built movie studios in North America and home to blockbuster films and independent shows like Avengers: Endgame, Zombieland: Double Tap, and Moon and Me, filed a notice of opposition to registration of the contested mark in respect of game trading cards and toys with the JPO on June 18, 2021. The ground relied on in support of the opposition was that set out in Article 8(1) of the Trademark Law.

Article 8(1) is a provision to prohibit registration of a junior mark that is identical with, or similar to any earlier applied mark which is pending before the substantive examination at the time of registration of the junior mark in accordance with the “first-to-file” principle.

The opposition applicant argued that the contested mark “TRILITH” is not eligible for registration under Article 8(1) because of similarity to earlier IR no. 1534597 “TRILITH STUDIOS”, and the goods in question is deemed similar to “downloadable video game software; recorded video game software” in Class 9 designated under the cited mark.

However, the JPO Opposition Board dismissed the opposition on the ground that there is no similarity between the mark “TRILITH STUDIOS” and “TRILITH” on April 7, 2022 (Opposition case no. 2021-900241).

On August 10, 2022, MARKS IP LAW FIRM, on behalf of Trilith IP Holdings, LLC, filed an application for a declaration of invalidity to the contested mark with the JPO based on the same ground.

To bolster the arguments, the invalidity applicant presented evidence to show a low degree of distinctiveness of the word “STUDIOS” in connection with the goods in question. Bearing in mind that the term “TRILITH” is a coined word unfamiliar to the relevant consumers in Japan, it is obvious that the term “TRILITH” is dominant in the cited mark. If so, the contested mark should be invalidated in contravention of Article 8(1).

JPO decision

Noticeably, the Invalidation Board found that the literal element “TRILITH” to be dominant in the cited mark by stating that:

 A space separates the terms “TRILITH” and “STUDIOS.” The word “STUDIOS” is commonly known as a term to indicate ” a film or video production facility.” or “workshop for painters or cameramen, recording room for radio or television, recording studio for music.” Therefore, the cited mark is easily recognizable as a combination of the terms “TRILITH” and “STUDIOS.

In light of the fact that the term “GAME STUDIOS” has been generally used to indicate workplaces where games are created in the relevant industry, the word “STUDIOS” would be less distinctive in connection with the cited goods.

Meanwhile, the term “TRILITH” is a coined and highly distinctive word with no specific meaning. Accordingly, the Board has a reason to believe that the term to be dominant in the cited mark.

Based on the above finding, the Board compared the dominant portion of the cited mark with the contested mark and found that both marks are similar from visual and aural points of view in spite that a conceptual comparison is neutral as neither the contested mark nor the cited mark have any clear meaning.

Given that the goods in question is similar to “downloadable video game software; recorded video game software” in Class 9 designated under the cited mark, the invalidation applicant is successful in proving the requirements of Article 8(1).

Consequently, in light of the foregoing, the Board decided to invalidate the contested mark in relation to “game trading cards; toys” in Class 28.

Cobra Golf Scores Win in an Attempt to Register Mark “MIM”

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In a recent decision, the Japan Patent Office (JPO) Appeal Board sided with Cobra Golf Incorporated, represented by MARKS IP LAW FIRM, and disaffirmed the examiner’s rejection by finding dissimilarity between TM Reg no. 6208087 and Cobra’s mark “MIM” for use on golf clubs.
[Appeal case nos. 2023-16540, decided on July 9, 2024]

Cobra Golf “MIM”

Cobra Golf Incorporated, one of the leasing US golf club and golf equipment manufacturer, applied for registration of wordmark “MIM” in standard character with the JPO on December 7, 2020 for use on golf clubs in class 28 (TM App no. 2020-151063).

Cobra Golf uses the mark on their golf irons produced with a new innovative “MIM” technology which stands for ‘Metal Injection Molding’.

The JPO examiner rejected the mark in contravention of Article 4(1)(xi) of the Trademark Law due to a conflict with an earlier trademark registration no. 6208087 for a composite mark consisting of the word “MIZKAN MUSEUM” with a device that can be seen as the word “MIM” (see below) in class 21 on June 30, 2023.

Marks IP Law Firm, on behalf of Cobra Golf, filed an appeal with the JPO on September 29, 2023, arguing that the cited mark is dissimilar to the word mark “MIM” because the figurative element of the cited mark would not be considered as a word “MIM” due to its stylization, but rather as a design consisting of a vertical line in between two “M” letters representing an initial letter of “MIZKAN” and “MUSEUM” respectively.

JPO decision

The JPO Appeal Board found that the cited mark would not give rise to a pronunciation of “MIM” from the figurative element by stating that:

There is a slight possibility that the building-like figures on the left and right sides of the upper part of the cited mark will be perceived as the letter “M” from appearance. However, the Board considers that the relevant consumers are unlikely to find so because of the considerable stylization. The vertical line between the letters, combined with the fact that it is of a shorter length than the letters, will also not be identified as the letter “I.”

It is therefore reasonable to conclude that the upper part of the cited mark would never be immediately recognized as representing the word “MIM” as a whole. Rather, the relevant consumers would recognize it only as a representation of a design with no specific meaning in its entirety.

Given the upper part of the cited mark has neither sound nor meaning, both marks, when considered globally, are easily distinguishable from visual, phonetical and conceptual points of view and unlikely to cause confusion when used on goods in class 28.

Based on the foregoing, the Board held that the examiner errored in applying Article 4(1)(xi) and decided to grant registration of Cobra’s mark “MIM”.

Trademark Opposition: FITBIT vs Fitbeing

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The Japan Patent Office (JPO) did not side with Google LLC in an opposition against TM Reg no. 6715471 for wordmark “Fitbeing” in class 14 by finding dissimilarity to and unlikelihood of confusion with “Fitbit” wearable devices.
[Opposition case no. 2023-900195, decided on June 28, 2024]

“Fitbeing”

Wordmark “Fiteing” was applied for registration in relation to “clocks and watches; watch bands and straps; stopwatches; watch cases [parts of watches]; clocks and watches, electric; chronometric instruments; presentation boxes for watches” in class 14 by a Chinese company with the JPO on January 4, 2023 (TM App no. 2023-172).

The JPO examiner did not issue an office action to the mark and granted protection on June 28, 2023. Subsequently, the mark was published for post-grant opposition on July 18, 2023.

Opposition by Google LLC

To oppose registration within a statutory period of two months counting from the publication date, Google LLC filed an opposition against the opposed mark on August 31, 2023.

Google argued the opposed mark shall be canceled in contravention of Article 4(1)(xi) and (xv) of the Japan Trademark Law by citing earlier trademark registrations for the wordmark “FITBIT” that has allegedly become famous as a source indication of Google’s wearable devices.

Google argued that due to the same spelling that starts with “FITB”, relevant consumers with an ordinary care would consider the opposed mark “Fitbeing” confusingly similar to the cited mark “FITBIT” from visual, aural and conceptual points of view.

By taking int consideration the high degree of reputation and popularity of the mark “FITBIT”, it is likely that the consumers would confuse a source of goods in question bearing the opposed mark with Google or their devices.

JPO decision

The JPO Opposition Board found that, considering the evidence submitted, the mark “FITBIT” has not been widely recognized among the consumers to indicate Google’s wearable devices even if some of them may have known.

Secondly, the Board assessed the similarity of marks and states:

  • Comparing the marks “Fitbeing” and “FITBIT” visually, although they have the same initial letter “Fitb (FITB)”, there is a clear difference in the endings “ing” and “IT” and the number of letters is different from 8 to 6. Therefore, the two marks are visually different.
  • As regards pronunciation, although both marks have the same initial sound ‘fitbi’, they differ in the ending ‘-ing’ and ‘it’ and the number of sounds is not as long (8 and 6 sounds). This difference would make a meaningful difference in the overall pronunciation.
  • The conceptual comparison is not possible because both marks have no meaning.
  • Accordingly, the Board has reason to believe that both marks are dissimilar and unlikely to cause confusion, taking into account the overall consideration as well as the impressions, memories, associations of the consumers.

In light of the foregoing, the Board dismissed the entire opposition and granted status quo protection to the mark “Fitbeing” in class 14.

Guerlain Unsuccessful Opposition to “MITSOUKO” mark

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The Japan Patent Office (JPO) dismissed an opposition filed by Guerlain, a legendary French perfume house, against TM Reg no. 6734165 for wordmark “mitsouko” in class 44 due to unlikelihood of confusion with perfume “MITSOUKO” by Guerlain.
[Opposition case no. 2023-90025, decided on June 27, 2024]

“mitsouko”

Yugen Kaisha AMERICA, a Japanese business entity, filed a trademark application for wordmark “mitsouko” in standard character for use on “beauty salon services, barbershops, massage, dietary and nutritional guidance, therapy services, rental of apparatus and instruments for use in beauty salons or barbers’ shops, providing medical information, manicuring, hair implantation” in class 44 with the JPO on March 22, 2023 (TM App no. 2023-30416).

The JPO examiner did not issue an office action to the mark and granted protection on September 5, 2023. Subsequently, the mark was published for post-grant opposition on September 15, 2023.

Opposition by Guerlain

To oppose registration within a statutory period of two months counting from the publication date, Guerlain, a legendary French perfume house, filed an opposition against the opposed mark on November 13, 2023.

Guerlain argued the opposed mark shall be canceled in contravention of Article 4(1)(xv) and (xix) of the Japan Trademark Law.

Article 4(1)(xv) prohibits the registration of trademarks that are likely to cause confusion with the business of other entities.

Guerlain contended that given the remarkable reputation and popularity of the perfume “MITSOUKO” by Guerlain and close association between perfume and the services in question, relevant consumers are likely to confuse a source of services bearing the opposed mark with Guerlain.

JPO decision

The JPO Opposition Board found that, considering the evidence submitted, the mark “MITSOUKO” may be recognized by persons having a deep knowledge of perfume, but there is a reasonable doubt whether the mark is widely known among relevant consumers to indicate the source of Guerlain perfume.

In addition, in view of the low degree of relatedness between beauty salon services, barbershops, massage, etc. and “perfume”, even if both marks are almost identical, it is unlikely that traders and consumers at the sight of the opposed mark used in relation to the service in question will associate or recall the cited mark, and consider a source of the services from an entity economically or systematically connected with Guerlain.

Therefore, the Board has no reason to believe the opposed mark shall be subject to Article 4(1)(xv) of the Trademark Law.

Even if the applicant has applied for the opposed mark with knowledge of Guerlain’s perfume “MITSOUKO”, the fact is insufficient to infer that the company has the purpose of making unfair profits or the purpose of causing harm to others. The submitted evidence does not reveal any fact to demonstrate a malicious intention by the applicant. If so, the opposed mark shall not be cancelled under Article 4(1)(xix).

Based on the above findings, the Board conclude that the opposition was without merit and thus granted protection to the opposed mark as the status quo.

Trademark Opposition: HUGO vs. Hugoo

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In a recent administrative decision, the Japan Patent Office (JPO) dismissed an opposition filed by German luxury fashion house Hugo Boss against Japanese TM Reg no. 6706891 for stylized word mark “Hugoo” in class 18.
[Opposition case no. 2023-900185, decided on June 11, 2024]

Opposed mark

Opposed mark, filed on May 31, 2022, by GRIT Incorporated, consists of the stylized word “Hugoo” (see below). The goods sought for registration are bags, baby carriers, sling bags for carrying babies and infants in class 18. GRIT sells sling bags for carrying babies and infants via their website.

The JPO granted protection to the mark on May 12, 2023, and published it for post-grant opposition on June 21, 2023.

Opposition by Hugo Boss

HUGO BOSS Trademark Management GmbH & Co KG filed an opposition against the opposed mark on August 21, 2023, and claimed the opposed mark “Hugoo” shall be canceled in contravention of Article 4(1)(xi) of the Japan Trademark Law by citing its owned earlier trademark registration nos. 2301695, 3265268, IR776148, IR1657111, IR1676995 for the mark “HUGO”.

Article 4(1)(xi) is a provision to prohibit registering a junior mark that is identical with, or similar to, any senior registered mark.

HUGO BOSS argued that a mere difference on the 2nd letter “O” in the last is trivial from visual and phonetical points of view. Accordingly, the opposed mark “Hugoo” shall be considered similar to the cited mark “HUGO”. Besides, the goods in question are all similar to designated goods under the cited marks.

JPO Decision

The JPO Opposition Board denied similarity between “HUGO” and “Hugoo” by stating that:

There is a difference in the ending ‘oo’ or ‘O’. The difference has no small effect on the visual impression of the appearance of both marks, which are composed of five and four relatively short characters. Therefore, it is reasonable to assume that both marks are clearly distinguishable in appearance.

From pronunciation, it is reasonable to conclude that both sounds are clearly audible and distinguishable since respective sound of both are clearly different.

Furthermore, both marks do not give rise to a specific meaning. Therefore, it is not possible to compare the conception of them.

Accordingly, both marks are distinguishable in appearance and sound, and incomparable in concept.

By making global assessment of the impression, memory and association of respective mark given to traders and consumers as a whole, the Board has reason to believe that both marks should be considered dissimilar without any possibility of confusion.

In the event that both marks are dissimilar, the opposed mark shall not be cancelled in contravention of Article 4(1)(xi), even though the goods in question are similar to those of the cited marks.

Based on the foregoing, the JPO dismiss the entire allegations of HUGO BOSS and allowed the opposed mark “Hugoo” to survive.