タグ: JAPAN PATENT OFFICE

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).

JPO Said No to Register Kawasaki Green Color Mark

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On March 19, 2025, the Japan Patent Office (JPO) finally decided to reject a color mark application filed a decade ago by Kawasaki Heavy Industries, Ltd., which sought to register a green color used on the world-famous Kawasaki motorcycles.
[Appeal case no. 2022-11189]

Narrow gate to color mark registration

On April 1, 2015, the Japan Trademark Law has opened the door to the registration of marks consisting solely of a color or colors. To date, 589 color marks have been filed with the JPO, and only 11 have been granted registration. This represents a success rate of only 1.9%.

Kawasaki Green

On the very first day, Kawasaki Heavy Industries, Ltd., famous for sports and racing bikes, sought for registration of a color mark consisting solely of light green (R105, G190, B40) in connection with motorcycles (cl.12). [TM App no. 2015-30667]

In addition, Kawasaki filed two color mark applications for a single light green color represented on fuel tank (position) and a color combination of light green and black as shown below for use on motorcycles (cl. 12) with the JPO on the same day, but these were all withdrawn or rejected due to a lack of inherent and acquired distinctiveness. [TM App nos. 2015-30668, 2015-30696]

Allegedly, Kawasaki has been using the light green color on their Ninja, KX, KLX and other motorcycles since 1975, but, according to the catalogs, the color was used on less than 40 % of the total Kawasaki motorcycles. Besides, annual sales of the motorcycles using the light green color averaged approximately 23.4%.

On April 19, 2022, the JPO examiner rejected the color mark based on Article 3(1)(iii) of the Japan Trademark Law.

Kawasaki filed an appeal against the rejection and agued acquired distinctiveness of the light green in connection to motorcycles on July 19, 2022.

In order to demonstrate the acquired distinctiveness of the light color as a source indicator of Kawasaki motorcycles, Kawasaki conducted the market research that targeted a total of 1,000 men and women aged from 16 to 79 who has a motorcycle driver’s license, 90.5% of the interviewees who answered that they had seen the color in connection with motorcycles or motorcycle shops (66.1% of the total interviewees) could associate the color with Kawasaki.

JPO decision

The JPO Appeal Board noted the light green has acquired a certain degree of recognition among relevant consumers as a source indicator of Kawasaki motorcycles in view of substantial use for the past five decades.

However, the Board found that the market research was insufficient to objectively assess the acquired distinctiveness of the applied mark, as it was only targeted at motorcycle license holders. Moreover, competitors also manufacture many motorcycles with a similar green color.

According to the IP High Court’s decision, a mark consisting of a single color is not registrable unless it has acquired an extremely high degree of recognition as an indication of a particular source as a result of substantial use, to the extent that the exclusive use of the color would not cause detriment to the public in general.

In light of the fact that the light green color was used on less than 40 % of Kawasaki’s motorcycles, and the annual sales of the motorcycles using the light green color averaged approximately 23.4%, the Board has no reason to believe that the applied color has acquired a high degree of secondary meaning to outweigh the detrimental effect on the public at large if registered.

Based on the foregoing, the Board affirmed the examiner’s rejection and decided to refuse the applied mark based on Article 3(1)(iii) of the Japan Trademark Law.

It is appealable to the IP High Court until May 8, 2025.

End of the TOKYO 2020 Olympic emblem dispute

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On March 12, 2025, the Japan IP High Court handed down a decision regarding the validity of TM Reg no. 6008759 for the Tokyo 2020 Olympic Emblem owned by the International Olympic Committee (IOC).
[Court case no. Reiwa6(Gyo-ke)10057]

Tokyo 2020 Olympic Emblem

The official emblem of the 2020 Tokyo Olympics was scrapped in 2016 (see below left) and replaced with the new emblem (see below right) before the opening of the Olympics, as you recall.

Even after the Games closed without spectators in 2021, a year after originally scheduled to due to a global pandemic, the new official emblem was to face with another challenge at the Japan Patent Office (JPO) in 2022.

The contested new emblem was filed by the IOC for use on all goods and services in every class from 1 to 45 with the JPO on April 25, 2016. In the course of substantive examination, the mark was assigned to the Tokyo Olympic Committee (TOC). Subsequently, the JPO granted registration on December 7, 2017 (TM Reg no. 6008759). Upon the Olympic Games finalizing, it was re-assigned to the IOC in December 2021.

Invalidation action

A group of Japanese legal experts filed an application for a declaration of invalidity against the new Tokyo 2020 Olympic Emblem with the JPO on June 21, 2022. They claimed that the emblem should be invalidated in contravention of Article 4(1)(vi), (vii), (x) and (xix) of the Japan Trademark Law.

The experts argued, inter alia, that the IOC failed to comply with Article 31(1) of the Trademark Law, which prohibits the licensing of a trademark registration to a third party given the mark was registered subject to Article 4(2).

Article 4(2) provides an exception to allow the registration of a trademark applied for by a non-profit organization engaged in activities in the public interest, even if the trademark is unregistrable under Article 4(1)(vi).

In this respect, the experts considered it illegal that the IOC granted a trademark license to the TOC, other organizers and sponsors. In fact, under the license, the TOC sent C&D letters based on TM Reg no. 6008759 to entities seeking to benefit from the Tokyo 2020 Olympic Games in order to prevent ambush marketing.

In these circumstances, the contested mark should be declared invalid in contravention of Article 4(1)(vii) because the IOC had a bad faith intent to unjustifiably protect the profits of official sponsors without legal basis by harming the interests of other entities.

It should be noted that Article 31(1) was revised in 2019, one year after the registration of the contested mark. Now, the prohibition to license the registered mark under Article 4(2) no longer exists.

IP High Court decision

In its ruling, the IP High Court acknowledged the need to restrict ambush marketing, which deliberately attempts to persuade or mislead consumers into believing they are associated with a sporting mega-event, or to use their IP without permission.

The Court found that since the elimination of the restriction on granting a license for a mark registered under Article 4(2) came into effect immediately after the promulgation of the Trademark Law Revision in 2019, it would rather serve to promote the appropriate use of the famous trademark for the public interest and satisfy the intention behind the law.

Therefore, even if the IOC had licensed the contested mark to the TOC and official sponsors in order to prevent ambush marketing, it would be irrelevant to find that the contested mark should be invalidated in contravention of Article 4(1)(vii) due to the likelihood of causing damage to public order or morality.

JPO Status Report 2025

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According to “JPO Status Report 2025” released on March 24, 2025, by the Japan Patent Office (JPO), a total of 158,792 trademark applications were filed in 2024. This number decreased 3.2% compared to the previous year when the number of applications amounted to 164,061.

Pfizer Inc. remains a top-ranking foreign registrant for the fifth year in a row. NEOPLE Inc, a Korean video game developer, was ranked in 8th (47 registrations) in 2024, a drastic increase from the previous year, when it was ranked in 2559th.

Requests for accelerated examination increased to 8,138 by 8.0% in 2024, which enables applicants to obtain trademark registration within 2 months.

As a background, it should be noted that the entire trademark process for general examination at the JPO (the total time of application from filing to registration) takes 7.3 months on average, which gets 0.4 months longer than the previous year.

You can access and download the full text of “JPO Status Report 2025” from here.

Trademark Squatter Seeking to Ruin Luxury Brand with Obscene Language

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In May 2022, the Japan IP High Court ruled in favor of the plaintiff, OMEGA S.A. The case concerns cancellation of TM Reg no. 6277280 for the word mark “OMECO” in Class 14 (watches) owned by a Japanese company, OMECO Co., Ltd.

In the complaint, OMEGA S.A. argued that the contested mark is likely to cause confusion with world-famous brand “OMEGA” when used on watches. The court declared cancellation of the contested mark, however, not because of the LOC, but the likelihood of damage to public order or morality based on Article 4(1)(vii) of the Japan Trademark Law.

Do you think OMEGA S.A. is satisfied with the court’s decision?

As a matter of fact, the company continues to sell wristwatches bearing the mark “OMECO” even now.

https://omeco.buyshop.jp/

If the court ruled the case by finding a likelihood of confusion with OMEGA based on Article 4(1)(xv), the goods must be prohibited from selling because of trademark infringement or unfair competition. Ironically, the court decision encourages the company to promote watches bearing a vulgar, obscene, prurient and immoral mark by slightly changing famous luxury brands as shown below. The names have a vulgar, obscene and prurient meaning in Japanese.

https://omeco.buyshop.jp/

Not only the actual use, but the company is seeking trademark registration of these vulgar, obscene, lewd and immoral marks in Japan, which obviously intends to free-ride on famous luxury brands such as Cartier, PATEK PHILIPPE, HUBLOT, A. LANGE & SOHNE, RICHARD MILLE, BOTTEGA VENETA, ROLEX.

Recently, the Japan Patent Office (JPO) examiner issued an office action based on Article 4(1)(xi), (xv) and (xix) of the Trademark Law due to similarity to and likelihood of confusion with famous luxury brands.

It is anticipated that the company files a response to the office action and argue dissimilarity and unlikelihood of confusion by referring to the court decision since the rejection would affect their business.

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”.

Court Case: VALENTINO GARVANI vs GIANNI VALENTINO

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The Japan IP High Court affirmed the JPO decision that cancelled TM Reg no. 6550051 for the GIANNI VALENTINO mark due to a conflict with earlier IR no. 975800 for the VALENTINO GARVANI mark.
[Court case no. Reiwa6(Gyo-ke)10089, decided on February 27, 2025]

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.

On August 23, 2024, the JPO Opposition Board decided to cancel the contested mark based on Article 4(1)(xi) of the Japan Trademark Law by stating that the dominant part of respective mark would be the literal element “VALENTINO” given famousness of the mark “VALENTINO” as a source indication for apparel of Valentino S.p.A.

To contest, the applicant filed an appeal with the IP High Court on September 30, 2024.

IP High Court decision

The IP High Court held that the JPO did not err in applying Article 4(1)(xi) to the case by stating that:

The court has no question to find that the mark “VALENTINO” is famous among relevant consumers and traders in Japan for apparel.

From appearance, the contested mark can be dissected into three parts, namely, figurative element, “GIANNI”, and “VALENTINO”. Given the mark “GIANNE VALENTINO” 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.

Therefore, the court 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.

As a conclusion, the court ruled to dismiss the appeal in favor of Valentino S.p.A.

Is “WEBmetaverse” registrable as a trademark?

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The Japan Patent Office (JPO) affirmed the examiner’s rejection to TM App no. 2022-131131 for wordmark “WEBmetaverse” by finding a lack of inherent distinctiveness in relation to the designated goods and services in classes 9, 35, 38, 41 and 42.
[Appeal case no. 2024-1154, decided on February 13, 2025]

WEBmetaverse

COLOPL, Inc. filed a trademark application for mark “WEBmetavese” in standard character with the JPO on November 16, 2022 (TM App no. 2022-131131).

The mark covers various goods and services in classes 9, 35, 38, 41, and 42 relating to computer programs, virtual reality, SaaS, and others.

The applied mark has been in use on their platform for users to experience the metaverse.

https://lp.webmetaverse.jp/

On October 24, 2023, the JPO examiner rejected the mark based on Article 3(1)(vi) of the Japan Trademark Law by finding that:

“WEB” is an abbreviation of World Wide Web. “metaverse” means a virtual-reality space in which users can interact with a computer-generated environment and other users. Therefore, the applied mark is recognized just to indicate ‘a virtual-reality space provided on internet’ as a whole. If so, the relevant consumers will not be able to identify a specific source of the goods and services from the mark applied for.

Article 3(1)(vi) is a provision to comprehensively prohibit from registering any mark lacking inherent distinctiveness.

Any trademark to be used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark:

(vi)　is in addition to those listed in each of the preceding items, a trademark by which consumers are not able to recognize the goods or services as those pertaining to a business of a particular person.

The applicant filed an appeal against the examiner’s refusal on January 23, 2024, contesting the inherent distinctiveness of the mark “WEBmetaverse” based on the fact that the mark applied for was not actually used by any entity other than the applicant.

JPO decision

The JPO Appeal Board stated that:

Recently, “Metaverse” has been at the center of attention in the public. There is a circumstance that the metaverse accessible from a web browser without specific devices or applications is referred to as a “Web-type Metaverse”.

Therefore, the mark applied for just gives rise to a meaning of “Metaverse using the Web” as a whole. If so, relevant consumers at the sight of the mark used on the goods and services in question would simply recognize it to indicate the purpose or function of the goods and services for “Metaverse using the Web”. It is reasonable to say that the mark applied for cannot play a role in distinguishing goods and services with competitors.

A fact that plenty of mark containing the term “Metaverse” have been registered would not be binding and relevant because these registrations are different from the mark applied for.　

Article 3(1)(vi) of the Trademark Law should be applied on a case-by-case basis, with due consideration given to the configuration of the mark as well as the common practices of transactions at the time of examination or trial decision.

Based on the foregoing, the Board decided to dismiss an appeal entirely and found “WEBmetaverse” unregistrable as a trademark.