TORQNADO

Suzuki Motor Corporation, a major Japanese automotive company, filed a trademark application for the word mark “TORQNADO” in standard character for use on cars and motorcycles in class 12 with the JPO on January 18, 2024. [TM App no. 2024-4189]

The JPO examiner did not issue an office action in the course of substantive examination and then granted registration of the mark on September 3, 2024.

Subsequently after registration [TM Reg no. 6849477], the mark was published for a post-grant opposition on October 9, 2024.

Opposition by GEMBALLA

Just before the lapse of two-month statutory opposition period, GEMBALLA LIMITED, a German car manufacturer with renowned experience in refining of Posche and McLaren sports cars, filed an opposition with the JPO on November 9, 2024.

In the opposition brief, GEMBALLA claimed cancellation of TM Reg no. 6849477 based on Article 4(1)(xi) of the Japan Trademark Law because of similarity to their IR no. 1100655 for the word mark “TORNADO” that designates “Automobiles and parts thereof, particularly tuned automobiles and parts thereof; accessories for the aforementioned goods as far as included in this class; all aforementioned goods excluding tires” in class 12.

GEMBALLA argued the opposed mark “TORQNADO” is confusingly similar to the cited mark “TORNADO” in appearance and sound. Besides, all goods designated by the opposed mark are deemed similar.

JPO decision

The JPO Opposition Board did not side with GEMBALLA and found both marks dissimilar by stating that:

Visual Comparison:

The presence or absence of the letter “Q” in the middle makes the respective marks distinguishable enough to reduce the likelihood of confusion.

Aural comparison:

The sounds of “TORQNADO” and “TORNADO” differ clearly in the presence or absence of the “ku” sound from the letter “Q.” This difference significantly impacts the overall pronunciation. It gives rise to a different tone and feeling of the sounds, thus making the two marks phonetically distinguishable.

Conceptual comparison:

The opposed mark does not have a specific meaning. Meanwhile, the cited mark has the meaning of “an extremely strong wind that blows in a circle.”  Therefore, both marks are unlikely to cause conceptual confusion.

Given both marks are dissimilar, the opposed mark should not be canceled based on Article 4(1)(xi) even if the goods in question are identical or similar.