カテゴリー: Similarity of goods

JPO decided trademark “MONO” dissimilar to “MONO+”

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In a trademark appeal disputing similarity between “MONO” and “MONO+”, the Appeal Board of the Japan Patent Office (JPO) reversed the examiner’s rejection and found both marks dissimilar and unlikely to cause confusion.

[Appeal case no. 2023-6307, decided on November 1, 2023]

MONO+

Onoya Inc. filed a mark “MONO+” (see below) for use on retail or wholesale services for furniture, joinery fittings, flowers [natural] and trees, kitchen equipment, cleaning tools and washing utensils in class 35 with the JPO on September 11, 2021.

The JPO examiner rejected the mark due to a conflict with earlier TM Reg no. 4533103 for wordmark “MONO” in standard character on goods of food wrapping plastic film for household purposes; garbage bags of paper or plastic for household purposes; hygienic hand tools of paper; towels of paper; table napkins of paper; hand towels of paper; handkerchiefs of paper in class 16 based on Article 4(1)(xi) of the Japan Trademark Law.

Article 4(1)(xi) is a provision to prohibit registration of a junior mark that is deemed identical with, or similar to, an earlier registered mark.

There is criterion that the examiner is checking when assessing the similarity between the marks:

  • visual similarity
  • aural similarity
  • conceptual similarity

and taking into account all these three aspects examiner makes a decision if a mark is similar (at least to some extent) with the earlier mark and if there is a likelihood of confusion for the consumers.

JPO Appeal Board decision

The Board found the applied mark “MONO+” gives rise to a sound of “mono-plus”, but it has no specific meaning in view of overall appearance and a meaning of respective word “MONO” and “+”.

As for the cited mark, the Board held the term “MONO” is not a foreign word familiar among relevant consumers in Japan. Thus, it has a sound of “mono”, but no specific meaning.

Comparing both marks, although they share the same appearance in that both contain the word “MONO”, they are sufficiently distinguishable because, by virtue of the presence or absence of the “+” symbol at the end, it is conceived both marks represent different words as a whole.  

Phonetically, they start with the same sound “mono”, but the overall tone and impression are different with or without the sound “plus” at the end. Due to the reason, both sounds can be distinguishable.

It is meaningless to compare the concept of both marks because neither does give rise to a specific meaning.

If so, from the totality of visual, aural, and conceptual points of view, the Board has no reason to believe that relevant consumers are likely to confuse the source of the services in class 35 bearing the applied mark with the earlier mark.

Based on the foregoing, the Board found both marks are dissimilar regardless of similarity in goods and services, and decided to cancel the rejection and granted protection of the applied mark.

Trademark Opposition Case: “DROP” vs “THE DROP”

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In a trademark opposition disputing similarity between “DROP” and “THE DROP”, the Japan Patent Office (JPO) decided to cancel TM Reg no. 6556243 for the mark “DROP” in class 35 due to similarity to IR no. 1258281 “THE DROP” in class 20 owned by Fritz Hansen A/S.

[Opposition case no. 2022-900306, decided on October 2, 2023]

Opposed mark “DROP”

Massdrop, Inc., a US e-commerce company, filed trademark application for word mark “DROP” in standard character for use on retail or wholesales services for various categories of goods including furniture in class 35 on October 9, 2018 (TM App no. 2018-126535).

The mark was registered on May 16, 2022 (TM Reg no. 6556243) and published for post-grant opposition on May 24, 2022.

Opposition by Fritz Hansen A/S

Fritz Hansen A/S, renowned Danish manufacturer of Scandinavian-style furniture, took a partial opposition action against the “DROP” mark on July 26, 2022 and claimed cancellation of the opposed mark in contravention of Article 4(1)(xi) of the Japan Trademark Law due to similarity to earlier IR no. 1258281 “THE DROP” for use on furniture in class 20 owned by the opponent.

Fitz Hasen argued “THE” is merely a definite article with no particular meaning for Japanese citizens with ordinary care. It commonly happens in Japan that consumers do not pay attention to definite article in the prefix where it is followed by other words. For example, “THE BEATLES” is called just as “BEATLES”. The Japanese title of the movie “The Lord of the Rings” does not include “THE”. Under the circumstance, relevant consumers would consider “DROP” as a prominent portion of the cited mark. Therefore, the opposed mark shall be similar to the cited mark. Besides, the goods “furniture” in class 20 is deemed similar to retail or wholesale services for furniture in class 35.

If so, the opposed mark should be canceled in relation to “retail or wholesale services for furniture” of class 35 under Article 4(1)(xi).

JPO decision

In the decision, the JPO Opposition Board mentioned “THE” is a definite article that functions to specify the following noun, however is usually not translated into Japanese. A basic English word “THE”, familiar among general public in Japan, is less distinctive as a source indicator per se. It is quite possible that relevant consumers and traders at the sight of the cited mark would highly focus on the term “DROP” of the cited mark.

Therefore, the Board has a reason to believe the cited mark gives rise to a pronunciation of “DROP” and a meaning ‘a small round-shaped amount of liquid’.

If so, the opposed mark has the same sound and concept with the cited mark.

A mere difference in appearance is insufficient to find dissimilarity of mark since the opposed mark consists of the same alphabets with “DROP” of the cited mark.

Also, the Board found “furniture” in class 20 shall be deemed similar to “retail or wholesale services for furniture” in class 35 by taking into consideration commercial channels, suppliers and consumers of respective goods and services.

Based on the foregoing, the Board sided with Fritz Hansen A/S and decided a partial cancellation of the opposed mark in relation to “retail or wholesale services for furniture”.

Trademark Opposition: JEEP vs JEIP321

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The Japan Patent Office (JPO) dismissed an opposition filed by Fiat Chrysler Automobiles (FCA US) LLC against TM Reg no. 6586965 for the wordmark “JEIP321” to be used on covers and accessories for cars in class 12 by finding dissimilarity to and unlikelihood of confusion with the “JEEP” mark.

[Opposition case no. 2022-900391, decided on September 28, 2023]

Opposed mark

The wordmark “JEIP321” was filed by a Chinese individual for use on steering wheels covers for automobiles, vehicle covers [shaped], upholstery foe vehicles, two-wheeled trolleys, windscreen wipers, anti-dazzle devices for vehicles, ashtrays for automobiles, rearview mirrors, mudguards, cigar lighters for automobiles in class 12 with the JPO on January 25, 2022 (TM App no. 2022-7763).

The JPO admitted registration on July 13, 2022, and published for opposition on July 22, 2022.

Opposition by FCA US LLC

To oppose registration within a statutory period of two months counting from the publication date, FCA US LLC filed an opposition against the opposed mark on September 14, 2022.

FCA argued the opposed mark shall be canceled in contravention of Article 4(1)(xi) and (xv) of the Japan Trademark Law because of the remarkable reputation and popularity of the JEEP mark as a source indicator of Chrysler vehicles and a high degree of similarity between the opposed mark “JEIP321” and the opponent’s famous earlier registered mark “JEEP.”

Article 4(1)(xi) is a provision to refrain from registering a junior mark that is deemed identical with, or similar to, an earlier registered mark.

Article 4(1)(xv) provides that a mark shall not be registered where it is likely to cause confusion with other business entities’ well-known goods or services.

Inter alia, FCA pointed out that the literal element “JEIP” shall be considered as a prominent portion of the opposed mark since numerals lack distinctiveness per se. If so, the opposed mark is confusingly similar to the “JEEP” mark from visual and phonetical points of view.

JPO Decision

The JPO Opposition Board admitted a high degree of reputation and popularity of the “JEEP” mark in connection with four-wheeled automobiles.

In assessing the similarity of the mark, the Board found that a prominent portion of the opposed mark “JEIP” and the “JEEP” mark are less likely to cause confusion from visual, phonetical and conceptual points of view by stating that:

“From appearance, there is a difference in the third letter, “I” and “E” between “JEIP” and “JEEP”. The effect would be anything but negligible on the overall visual impression of both marks, since they are composed of only four characters.

Comparing the sound of “JEIP” with “JEEP”, there is a clear difference at the beginning, “dʒeɪ” and “dʒiː” It shall cause a significant distinction on the overall tone and impression in a short three-sound structure to the extent that relevant consumers would not mishear them when pronounced in unison.

Conceptually, both marks are dissimilar because the opposed mark does not give rise to any specific meaning. In the meantime, the opponent mark “JEEP” has a meaning of ‘Jeep brand 4WD vehicles.’”

Even though “JEEP” has become famous in relation to 4WD vehicles, the Board has no reason to believe that relevant consumers would associate the goods in question bearing the opposed mark “JEIP321” with the opponent or any business entity systematically or economically connected with FCA because of a low degree of similarity between the marks.

Based on the foregoing, the Board found the opposed mark shall not be canceled in contravention of Article 4(1)(xi) and (xv), and decided to dismiss the entire opposition.

Trademark Dispute: Louis Vuitton vs Rui vuit

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The Japan Patent Office (JPO) didn’t side with LOUIS VUITTON MALLETIER in an opposition against TM Reg no. 6595438 for wordmark “Rui vuit” in class 25 due to dissimilarity to the “LOUIS VUITTON” mark.

[Opposition case no. 2022-900422, decided on August 14, 2023]

Rui vuit

Opposed mark, consisting of a word “Rui vuit” in standard character, was sought for registration by a Chinese citizen for use on clothing and sports shoes (cl.25) with the JPO on December 24, 2021.

The JPO examiner did not raise any refusal and granted protection of the mark on July 12, 2023. Subsequently, it was published for a post-grant opposition on August 10 ,2022.

Opposition by Louis Vuitton

On October 7, 2022, LOUIS VUITTON MALLETIER filed an opposition with the JPO and claimed that the opposed mark shall be cancelled in contravention of Article 4(1)(xi) and (xv) of the Japan Trademark Law by citing earlier TM registrations for wordmark “LOUIS VUITTON” in classes 9, 14, 18, 24, 25, 35.

Article 4(1)(xi) is a provision to prohibit the registration of a junior mark that is identical with, or similar to, any senior registered mark.

Article 4(1)(xv) provides that a mark shall not be registered where it is likely to cause confusion with other business entities’ well-known goods or services.

Louis Vuitton argued the opposed mark “Rui Vuit” shall be confusingly similar to “LOUIS VUITTON” especially in sound. A mere difference of sound “n” in the suffix would be trivial and give a similar impression as a whole to the extent that consumers are unable to sufficiently distinguish.

JPO Decision

The JPO Opposition Board denied similarity between “Rui vuit” and “LOUIS VUITTON” by stating:

“There is no doubt that both marks are visually distinguishable because respective mark represents a different word with different spellings.

Aurally, even if both sounds share the two initial sounds “lü-ˈē”, the overall sounds are easily distinguishable by virtue of difference in an “n” sound at the end.

Conceptually, the opposed mark does not have a specific conception. In the meantime, the cited mark gives rise to a meaning of famous fashion brand “Louis Vuitton”. If so, there is no similarity in concept.

Therefore, the Board has a reason to find a low degree of similarity between two marks, and even when used on the same or similar goods, there is no risk of confusion due to the dissimilarity of the marks.”

Based on the foregoing, the Board dismissed the entire allegations and decided the validity of the opposed mark as the status quo.

Chrysler Wins Japan Trademark Invalidation Trial over “Jeeper”

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In a recent invalidation decision by the Japan Patent Office (JPO), Chrysler could finally achieve victory in a trademark dispute against “Jeeper”, regardless of their failed opposition in 2022.

[Invalidation case no. 2022-890064, decided on July 5, 2023]

Disputed mark

The wordmark “Jeeper” was filed by a Japanese individual for use on various hand tools in class 8 with the JPO on January 27, 2020 (TM App no. 2020-8907).

Since the JPO admitted registration of the mark on November 17, 2020, and published it for a post-grant opposition on December 8, 2020, Fiat Chrysler Automobiles (FCA US) LLC filed an opposition on Jan 26, 2021.

In the opposition, FCA argued the mark shall be canceled in contravention of Article 4(1)(xi) and (xv) of the Trademark Law due to the remarkable reputation and popularity of “JEEP” as a source indicator of Chrysler vehicles and a high degree of similarity between the mark “Jeeper” and Chrysler “JEEP.”

Article 4(1)(xi) is a provision to refrain from registering a junior mark that is deemed identical with, or similar to, an earlier registered mark.

Article 4(1)(xv) provides that a mark shall not be registered where it is likely to cause confusion with other business entities’ well-known goods or services.

However, on April 6, 2022, the JPO Opposition Board dismissed the opposition by questioning the famousness of the “JEEP” mark among relevant consumers of hand tools and finding a low degree of similarity between the two marks (Opposition case no. 2021-900035).

Invalidation action by FCA US LLC

To contest the Opposition Board decision, FCA US LLC filed an invalidation action with the JPO on July 28, 2022, and repeatedly argued the mark “Jeeper” shall be invalid due to its similarity to and the likelihood of confusion with “JEEP” when used on the hand tools in class 8.

The applicant did neither file an answer nor respond to the invalidation claims at all.

JPO Decision

The JPO Trial Board admitted a high degree of reputation and recognition of the claimant’s trademark “JEEP” in connection with small 4WD cars. Besides, based on the facts that the JEEP mark has been used on T-shirts, backpacks, bags, mugs, lunch boxes, carabiners, key chains, spray bottles, containers, and cooler boxes, the Board found the JEEP mark has even become famous among consumers of goods other than automobiles.

Based on the above findings, the Board held that, by taking account of the famousness of the JEEP mark as a source indicator of the claimant’s small 4WD cars, the literal portion of “Jeep” shall play a prominent role in indicating the source of the disputed mark. If so, the disputed mark gives rise to the sound of “Jeep” and the meaning of “the claimant’s famous small 4WD cars” accordingly.

Bearing this in mind, the Board compared the prominent portion “Jeep” of the disputed mark with the claimant’s mark “JEEP” and found a close resemblance of both marks as a whole.

In assessing the likelihood of confusion, the Board held small 4WD cars are remotely associated with hand tools in class 8, however, the Board paid attention to the fact that camp items bearing the JEEP mark e.g., backpacks, mugs, carabiners, cooler boxes, etc., are closely associated with the goods in question.

Based on the foregoing, the Board found relevant consumers are likely to confuse a source of the goods in question bearing the disputed mark with the claimant and decided to invalidate the disputed mark based on Article 4(1)(xi) and (xv).

HERMES Unsuccessful in Trademark Opposition against HERDES

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The Japan Patent Office (JPO) did not side with Hermes International in opposition against TM Reg no. 6552637 for the wordmark “HARDES” in classes 14 and 18 by finding dissimilarity to the famous fashion brand “HERMES”.

[Opposition case no. 2022-900287, decided on May 25, 2023]

Opposed mark

RARELEAK Co, Ltd. applied the wordmark “HARDES” in a plain letter (see below) for use on personal ornaments, earrings, bracelets, ankle bracelets, necklaces, rings, watchbands, cuffs, necktie pins, pendants, pins, brooches, watches, key chains in class 18 and leather, bags and pouches, handbags, shoulder bags, suitcases, trunks, wallets, card cases, key cases, and others in class 18 with the JPO on November 5, 2021 (TM App no. 2021-144521).

The JPO examiner granted protection of the mark on April 1, 2022, and published it for post-grant opposition on May 17, 2022.

Opposition by HERMES

Before the lapse of a two-month statutory period counting from the publication date, Hermes International filed an opposition against the opposed mark on July 13, 2022.

Hermes argued the opposed mark shall be canceled in contravention of Article 4(1)(xi) of the Japan Trademark Law in relation to all goods designated by the opposed mark due to a high degree of similarity between “HERDES” and earlier trademark registration nos. 6179160 and 4467434 for the wordmark “HERMES”.

To bolster the argument for similarity, Hermes cited precedent JPO decisions that affirmed similarity between “NEBROS” and “NEGUROSU” (Appeal case no. 2002-22788), “RELARIS” and “ILARIS” (Opposition case no. 2008-900309).

JPO decision

The JPO Opposition Board found both marks are dissimilar by stating:

Visually, there is a difference in the fourth letter, “D” and “M”, between the opposed mark and cited mark “HERMES”. The difference in the fourth letter of marks both consisting of six letters gives the impression that two marks, as a whole, indicate different words. In this respect, both marks are distinguishable in appearance.

Aurally, a difference of the first three sounds would be anything but negligible and cause a substantial impact on the overall pronunciation given a short sound structure (four sounds). Therefore, the Board has a reason to believe relevant consumers can easily distinguish these sounds without confusion.

Conceptually, the opposed mark does not have a specific conception. Meanwhile, the cited mark gives rise to the meaning of “Hermes, and the god of trade, thieves, travelers, and sport”. It is obvious that both marks are unlikely to be confused in terms of conception.

Based on the foregoing, the Board dismissed the entire allegations and decided the opposed mark shall remain valid as the status quo.

Champion loses trademark opposition over “C” logo

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The Japan Patent Office (JPO) dismissed an opposition filed by HBI Branded Apparel Enterprises, LLC against TM Reg no. 6560200 for the C device mark due to dissimilarity to and the unlikelihood of confusion with the iconic “C” emblem of Champion.

[Opposition case no. 2022-900315, decided on May 22, 2023]

Opposed mark

DAIEI TRADING CO., LTD. a Japanese company, applied a device mark consisting of the “C” curved line and a heart & circle placed vertically inside of the line (see below) for use on apparel, footwear, sports shoes, and sportswear in class 25 with the JPO on December 8, 2021.

The JPO examiner did not raise any objection to the mark at all in the course of the substantive examination.

Accordingly, the mark was registered on May 23, 2022, and published for post-grant opposition on May 31, 2022.

Opposition by Champion

HBI Branded Apparel Enterprises, LLC filed an opposition against the opposed mark on August 2, 2022.

HBI argued the opposed mark shall be canceled in contravention of Article 4(1)(vii), (x), (xi), (xv), and (xix) of the Japan Trademark Law on the grounds that a high degree of similarity between the opposed mark and the iconic “C” emblem (see below) becoming famous as a source indicator of the Champion brand in connection with casual wear, sportswear, and other related goods would inevitably cause confusion among relevant consumers when the opposed mark is used on goods in question.

JPO decision

The JPO Opposition Board admitted that the “C” emblem has acquired a high degree of reputation as a result of substantial use in Japan for more than four decades and become famous as a source indicator of the opponent.

In the meantime, the Board negated the similarity between the marks by stating that:

From the appearance, both marks contain a curved line that looks like a “C” letter; however, the respective line looks totally different by means of a wide difference in line thickness. Besides, there is a clear difference between figurative elements depicted inside of the line (a heart & circle device placed vertically in the opposed mark, a thick vertical line in the cited mark). Therefore, the two marks are visually distinguishable.

Conceptually, the opposed mark does not give rise to any specific meaning. Meanwhile, the cited mark has the meaning of ‘famous brand of the opponent.’ If so, both marks are dissimilar in concept.

Based on the foregoing, the Board has a reason to believe that the opposed mark is dissimilar to the cited mark, even if they cannot be compared in terms of pronunciation.

In a global assessment of the likelihood of confusion, the Board found:

Even if the cited mark is widely recognized among consumers in Japan as a source indicator of the Champion’s business, given the low degree of similarity to the opposed mark, it would be unlikely that relevant traders and consumers at the sight of the opposed mark used on goods in question immediately associate or recall the cited mark or the opponent business.

If so, it is reasonable to consider that relevant consumers are unlikely to confuse the source of the goods bearing the opposed mark with Champion or another entity systematically or economically connected with the opponent.

Based on the foregoing, the JPO dismissed the entire allegations and decided the opposed mark shall remain valid as the status quo.

Trademark dispute: iTunes vs HiTune

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On May 1, 2023, the Japan Patent Office (JPO) dismissed an opposition filed by Apple Inc. against TM Reg no. 6536066 for the wordmark “HiTune” by finding dissimilarity to and an unlikelihood of confusion with “iTunes”.

[Opposition case no. 2022-900242]

Opposed mark

UGREEN GROUP LIMITED, a Chinese company, filed the wordmark “HiTune” (see below) for use on computer peripheral devices, data processors, earphones, headphones, microphones, sound transmitting apparatus, and other goods in class 9 with the JPO on November 10, 2021.

The mark was registered on March 29, 2022, without receiving any refusal in the course of the substantive examination taken place by the JPO.

UGREEN has promoted wireless stereo earphones/earbuds bearing the mark.

Opposition by Apple Inc.

On June 6, 2022, Apple Inc. filed an opposition to “HiTune” and contended that the opposed mark shall be canceled in contravention of Article 4(1)(xi) and (xv) of the Japan Trademark Law by citing earlier trademark registration nos. 4570713 “iTUNE”, 4610312 “ITUNES”, 5155781 “iTunes”, IR943547 “ITUNES” in class 9.

Article 4(1)(xi) is a provision to prohibit the registration of a junior mark that is identical with, or similar to, any senior registered mark.

Article 4(1)(xv) provides that a mark shall not be registered where it is likely to cause confusion with other business entities’ well-known goods or services.

Apple Inc. argued that the mark “iTunes” has been famous as a source indicator of the opponent in relation to application software and multi-content distribution service. In view of the remarkable similarity between “HiTune” and “iTunes” by representing the second letter “i” in lower case and the third letter “T” in upper case, relevant consumers would associate the opposed mark with the opponent when used on goods of class 9 in question.

JPO decision

To my surprise, the JPO Opposition Board admitted a certain level of recognition of the mark “iTunes” as a source indicator of Apple Inc. in connection with application software enabling to download music or movies and to manage the contents among consumers of music distribution service, however, denied a substantial level of reputation and popularity of the opponent mark due to a lack of objective evidence produced to the Board.

In assessing the similarity of marks, the Board stated:

Differences such as the presence or absence of “H” at the beginning of the word, the difference between upper- and lower-case letters, and the presence or absence of “s” at the end of the word have a significant impact on the overall visual impression of both marks, which consist of relatively short letters. Therefore, the marks are clearly distinguishable from appearance.

There are distinctions between the sound “ha” and “a” at the beginning of a word, and the presence or absence of the sound “z” at the end of a word. These differences have a material effect on overall sounds given the relatively short sound structure. Therefore, there is less risk of mishearing each other when pronounced.

Since both marks do not give rise to any specific meanings, there is no room to cause confusion in concept.

If so, the Board has a reason to believe both marks are distinctively dissimilar.

Bearing in mind the Board finds that the opponent mark “iTunes” has not become famous among relevant consumers in Japan and has a low degree of similarity to the opposed mark “HiTune”, it is unlikely that the consumers confuse or misunderstand a source of goods in question bearing the opposed mark with Apple Inc. from the totality of the circumstances.

Based on the foregoing, the JPO decided the opposed mark shall not be canceled and dismissed the opposition entirely.

FURLA vs FURNA

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Italian heritage label Furla lost a trademark opposition in Japan against TM Reg no. 6501195 for the wordmark “FURNA” in class 25 as a result of the JPO’s decision finding no likelihood of confusion with “FURLA”.

[Opposition case no. 2022-900128, decided on April 6, 2023]

FURNA

The opposed mark, consisting of the wordmark “FURNA” in standard character, was filed for use on clothing, dresses, footwear, garters, waistbands, belts [clothing] and other goods in class 25 with the JPO by URBAN TEX Co., Ltd., a Japanese company on November 1, 2021.

The company opens an online shop for wedding dresses under the trade name “FURNA” on Rakuten online shopping platform.

In accordance with a request for accelerated examination from the company based on the actual use of the mark on any one of the designated goods, the JPO carried out a substantive examination and granted protection on January 14, 2022. Subsequently, the mark was published for post-grant opposition on January 27, 2022.

Opposition by FURLA

Italian luxury retailer FURLA S.P.A. filed an opposition on May 28, 2022, and claimed the opposed mark shall be canceled in contravention of Article 4(1)(xi), (xv), and (xix) of the Japan Trademark Law.

FURLA argued a mere difference of “N” and “L” in the fourth letter of the respective word would be trivial and thus inadequate to find a low degree of similarity in appearance and sound. Given a close association between the goods in question and the opponent goods covered by earlier registrations for the FURLA marks that have acquired a high level of recognition among relevant consumers in Japan, the consumers are likely to confuse a source of the goods bearing the opposed mark with Furla or mistakenly consider it from an entity systematically or economically connected with FURLA S.P.A.

JPO decision

The JPO Opposition Board admitted a high level of recognition of the mark “FURLA” in connection with bags among relevant consumers as a source indicator of the opponent.

In the meantime, the Board questioned if both marks are deemed similar in visual, aural, and conceptual points of view by stating:

Comparing the opposed mark and the opponent mark, “FURNA” and “FURLA” differ in appearance in the fourth letter of “N” and “L” but the difference in these letters in the short five-character composition has a substantial effect on the overall composition, and they are sufficiently distinguishable in appearance.

Pronunciation arising from “FURNA” and “FURLA” are different even when they are called in succession, and there is no risk of mishearing each other.

The opposed mark is conceptually distinguishable because it does not give rise to any specific meaning, whereas the opponent mark has been known as “Furla’s brand”.

Even if the “FURLA” mark is widely recognized among Japanese consumers as an indication of the opponent’s business, given the low degree of similarity between “FURNA” and “FURLA”, the Board has no reason to believe that the consumers having a glimpse of the opposed mark used on the goods in question would associate or recall the opponent mark.

Based on the foregoing, the JPO dismissed the opposition entirely and decided that the opposed mark “FURNA” shall remain valid as the status quo.