European Sugar Cone

Kracie, Ltd., a Japanese corporation established in 1887, operating in the business fields of toiletries & cosmetics, pharmaceuticals, and foods, filed a trademark application for the stylized wordmark “European Sugar Cone” written in Japanese Katakana character (see below) by designating several goods in Class 30, including ice cream, with the JPO on February 14, 2023. [TM App no. 2023-14684]

“European Sugar Cone” is a long-selling cone ice cream that has been manufactured and marketed by Kracie for nearly four decades (first use in 1986). Since its launch, the “European Sugar Cone” ice cream has been characterized by its distinctive three-layer combination of vanilla ice cream, chocolate coating, and a crispy sugar cone, which together create a well-balanced texture and flavor.

The name comes from the concept of bringing the experience of enjoying cone ice cream—similar to that found at European street-side ice cream shops—into Japanese households.

Examiner’s rejection

The JPO examiner rejected the mark laid down in Article 3(1)(iii) and 4(1)(xvi) of the Japan Trademark Law, because the word “European” suggests that the goods in question come from, or are associated with European countries. The term “Sugar Cone” is commonly used in connection with ice cream to indicate sugar cone ice cream. Therefore, relevant consumers would merely perceive the mark as a descriptive indication of ice cream.

Furthermore, when the mark is used in connection with goods other than ice cream, it may misrepresent the quality of such goods.

Acquired Distinctiveness

On September 2, 2024, Marks IP, on behalf of Kracie, filed an appeal against the examiner’s rejection and requested registration by arguing acquired distinctiveness of the mark “European Sugar Cone” with sufficient evidence based on Article 3(2).

For the purpose of demonstrating acquired distinctiveness of the mark as a commercial origin, we proposed to conduct the brand awareness survey that targets a total of 1,000 men and women aged from 15 to 79 who had purchased an ice cream multipack for the past three months (summer season), and to restrict the designated goods in Class 30 to sugar cone ice cream multipack.

The survey, conducted from October 7 to 9, 2025, revealed 74.9% of the interviewees answered that they knew an ice cream multipack bearing the mark “European Sugar Cone”.

JPO Appeal Board Decision

The JPO Appeal Board noted that the evidence is sufficient to find the mark has acquired distinctiveness for relevant consumers to identify a specific commercial origin of the amended goods (sugar cone ice cream multipack) by stating:

Since its launch in 1986, the goods using the mark have been continuously sold nationwide for nearly 40 years, achieving cumulative sales of over 342 million units and stable annual revenues of JPY 2.5 – 5.4 billion. Since 2020, it has held a market share exceeding 40% in the categories of cone ice cream multipack.

The ice cream has been extensively promoted through television commercials since 1987, including over 1,000 nationwide broadcasts in 2022 alone. It has also ranked highly in consumer preference surveys and gained recognition through third-party media coverage and collaborations across various product fields.

Furthermore, a consumer survey revealed that 74.6% of respondents recognized the goods from the mark itself, indicating a high level of public awareness.

Based on the foregoing, the Board has a reason to believe that the mark has become widely recognized by consumers as identifying the applicant’s cone-type ice cream multipack.

Accordingly, the Board decided to overturn the examiner’s rejection and granted registration of the mark “European Sugar Cone” by applying Article 3(2).