Toriton, Inc.

On August 21, 2024, Toriton, Inc. filed a trademark application with the JPO for the word mark “Toriton, Inc.” in bold font with a shadow effect (see below) that designates computer software design, computer programming, or maintenance of computer software; providing computer programs on data networks and other services in Class 42 [TM App no. 2024-90390].

TRITON

The JPO examiner gave a notice of grounds for refusal based on Article 4(1)(xi) of the Japan Trademark Law by citing TM Reg no. 3221980 for stylized word mark “TORITON” (see below). The examiner considered the marks are confusingly similar and both designate the same or similar services in Class 42.

The applicant filed a response and argued dissimilarity of the marks. However, the examiner did not change his stance and decided to reject the mark on February 5, 2025.

On April 30, 2025, the applicant filed an appeal against the rejection and disputed dissimilarity of the marks.

JPO decision

The JPO Appeal Board observed that “Toriton, Inc.” and “TRITON” are dissimilar by stating that:

1. From appearance, obvious are differences in the number and composition of the characters that consist of respective marks. When comparing the dominant element of the applied mark, “Toriton,” and the cited mark, “TRITON”, the differences in upper and lower case letters, as well as the presence or absence of the letter “o” after the first letter “T”, distinguish them.
2. Aural comparison reveals that the overall pronunciations are distinguishable due to differences in the number of sounds and sound composition. However, the sound derived from the dominant element “Toriton” is identical to the cited mark. In this respect, both marks have a sound in common.
3. Conceptually, the applied mark can evoke the meaning “a company named Toriton” as a whole, or no specific meaning from the dominant element. In contrast, the cited mark does not evoke any specific concept. Therefore, a conceptual comparison is neutral.
4. Based on the foregoing, even though both marks share one sound, the Board believes there is no likelihood of confusion due to the clear distinction in appearance and concept. Taking into account the impressions, memories, and associations conceived by relevant traders and consumers, it is unlikely that the applied mark will cause confusion with the cited mark when used in connection with the services in question.
5. Accordingly, the examiner’s findings are inaccurate, and the decision should be overturned.