The Japan Patent Office (JPO) dismissed an opposition filed by Sowind S.A. against TM Reg no. 6876057 for word mark “KATSEYE” who claimed its cancellation based on earlier IR no. 1056129 for word mark “CAT’S EYE” by finding dissimilarity between the marks.
[Opposition case no. 2025-900048, decided on August 15, 2025]
KATSEYE
HYBE UMG LLC, American record company jointly founded by South Korean entertainment company, HYBE and Universal Music Group (UMG), filed a trademark application for word mark “KATSEYE” in standard character for use on various goods and services in Classes 9, 14, 16, 18, 25, 28, 41, and 42, including watches (cl. 14) with the JPO on May 15, 2024 [TM App no. 2024-51239].
The JPO examiner granted registration of the mark on Decem 3, 2024, and published it for a post-grant opposition on December 23, 2024.
CAT’S EYE
Sowind S.A. filed an opposition on February 25, 2025 by citing earlier IR no. 1056129 for word mark “CAT’S EYE” in standard character for use on watches which do not contain chrysoberyl cat’s eyes in Class 14.
Sowind S.A. argued the contested mark should be cancelled in contravention of Article 4(1)(xi) of the Japan Trademark Law on the ground that the contested mark “KATSEYE” is confusingly similar to the cited mark “CAT’S EYE” from visual, phonetic and conceptual points of view, and the goods designated under the contested mark in Class 14 is identical or similar to watches.
JPO Decision
The JPO Opposition Board assessed similarity of the marks and found that the contested mark is dissimilar to the cited mark by stating that:
The term “KATSEYE” does not appear in ordinary dictionaries and no circumstances have been identified indicating that it is recognized as having a specific meaning, it shall be perceived as a coined word that does not give rise to any particular concept.
With respect to coined words that lack a specific meaning, it is customary to be pronounced in accordance with commonly accepted English or Romanized readings. Accordingly, the contested mark, consistent with its composition, will be pronounced as “KATSU-AI” or “CATS-EYE” and has no specific meaning.
As the term “CAT’S EYE” bears the meaning of “chrysoberyl (cat’s eye),” the cited mark, in accordance with its composition, will be pronounced as “CATS-EYE” and gives rise to the concept of a “cat’s eye (gemstone).”
The contested mark and the cited mark, each consisting of no more than seven or eight letters, are clearly distinguishable in appearance by reason of the difference between the initial letter “K” and “C” and the presence or absence of an apostrophe (“’”) in the middle of the word.
When the contested mark is pronounced as “CATS-EYE”, both marks are identical in sound.
In comparing the sound “KATS-EYE” of the contested mark with the sound “CATS-EYE”, since both consist of only five syllables, the difference between the initial sounds “KA” and “KYA” exerts a non-negligible influence upon the overall pronunciation, whereby the two marks can be clearly distinguished in sound.
Further, while the contested mark does not give rise to any particular concept, the cited mark gives rise to the concept of a “cat’s eye (gemstone).” Accordingly, the two marks are not likely to be confused in concept.
In consequence, even if there is a case that the two marks can be identically pronounced, they are unlikely to be confused in appearance and concept. When the contested mark is pronounced as “KATSU-AI”, the two marks are sufficiently distinguishable in appearance, pronunciation, or concept. Therefore, taking into a global consideration commercial impression, memory, and association given to traders and consumers through their appearance, concept, and pronunciation, the contested mark and the cited mark are dissimilar and unlikely to cause confusion.
Based on the foregoing, the Board decided to dismiss the entire opposition.