The Japan Patent Office (JPO) dismissed an opposition filed by Dr. LuLuLun Inc., maker of Japan’s top-selling face mask brand “LuLuLun”, seeking to cancel trademark registration No. 6995158 for a stylized mark “rururun / ルルルン” registered for footwear and apparel in Class 25, due to visual distinctions and the limited reputation of the cited mark outside the field of face masks and related cosmetics.
[Opposition case no. 2026-900047, decided on August 4, 2026]
“rururun / ルルルン”
The opposed mark (Reg. No. 6995158) consists of the stylized white-out alphabets “rururun” (with small circular cutouts inside the two “u”s) positioned above the small Japanese Katakana characters “ルルルン” (transliteration of “rururun” and a pink horizontal rectangle (see below).
The mark was applied for on September 12, 2025, by My Planet Co., Ltd. and registered on December 9, 2025, for footwear, slippers, sandals, clothing, and related goods in Class 25.
Opposition by Dr. LuLuLun
On opposition, Dr. LuLuLun Inc. claimed that the opposed mark should be canceled under Articles 4(1)(xv) and 4(1)(xix) of the Japan Trademark Law.
The opponent argued that:
- High Renown: The cited marks for LuLuLun (TM Reg. Nos. 5473904 and 5662305) have achieved immense fame as Japan’s No. 1 face mask brand, selling over 2.4 billion sheets across 20,000 retail locations nationwide.
- Likelihood of Confusion (Article 4(1)(xv)): The marks share the exact same phonetic reading. Moreover, given the increasing trend of cosmetic brands collaborating with fashion and loungewear brands (e.g., SNIDEL HOME, LUSH, SHISEIDO MEN), consumers would likely assume a commercial connection or assiciation between the parties.
- Bad Faith / Free-Riding (Article 4(1)(xix)): The applicant advertised slippers on a home shopping channel using the mark and customer reviews included comments such as, “I thought it was a bit pricey, but since it’s a LuLuLun product, I clicked buy,” demonstrating clear intent to free-ride on the opponent’s goodwill.
JPO Board Decision
The JPO Board dismissed the opposition on August 4, 2026, upholding the registration of the opposed mark based on the following findings:
- Scope of Well-Knownness: The Board recognized that “LuLuLun” is well-known among Japanese consumers for face masks and closely related cosmetic products. However, there was no evidence showing that the mark’s fame extended beyond cosmetics into apparel, footwear, or general daily goods.
- Visual & Overall Dissimilarity:
- Visuals: The marks differ significantly in overall configuration, background shapes, and typography. Comparing the letterings, “rururun” (with initial/internal ‘r’s) and “LuLuLun” (with prominent ‘L’s) leave distinctly different visual impressions.
- Phonetics & Semantics: While both marks share the identical phonetic sound “rururun”, sound alone cannot override the severe visual differences. Neither mark conveys a specific conceptual meaning.
- Conclusion on Similarity: Taken as a whole, the marks are dis-similar.
- No Likelihood of Confusion (Article 4(1)(xv)): Given the low degree of similarity between the marks and the difference in commercial channels (cosmetics vs. footwear/clothing), consumers are unlikely to confuse the origin of the goods in question or assume an organizational connection. The Board noted that brand collaborations alone do not mean cosmetics and apparel are produced or distributed by the same entities as a general market practice.
- No Bad Faith (Article 4(1)(xix)): The evidence was insufficient to establish that the trademark owner acted with unfair intent or bad faith to dilute or free-ride on the opponent’s brand reputation.