カテゴリー: Similarity of service

VISA lost in a bid to oppose AIR VISA

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The Japan Patent Office (JPO) dismissed an opposition claimed by Visa International Service Association (VISA) against TM Reg no. 6512071 for the wordmark “AIRVISA” due to an unlikelihood of confusion with “VISA” in connection with goods and services of classes 9, 35, 39, and 42.

[Opposition case no. 2022-900159, decided on March 9, 2023]

AIR VISA

SmartHR, Inc. filed the wordmark “AIRVISA” in standard character for use on various goods and services in classes 9, 35, 39, and 42, inter alia, computer application software, personal management, application service of working visa and residence status, and SaaS with the JPO on July 29, 2021.

AIRVISA Inc., a subsidiary of SmartHR, provides services for Japanese companies to support online working visa applications and residence status management for their foreign workers.

The JPO granted protection of the AIR VISA mark on February 1, 2022, and subsequently, the mark was published for opposition on February 21, 2022.

Opposition by VISA

Visa International Service Association (VISA) filed an opposition on April 21, 2022, before the lapse of a two-month opposition period, and contended that the opposed mark shall be canceled in contravention of Article 4(1)(xv) of the Japan Trademark Law.

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.

VISA argued relevant consumers would conceive of VISA’s famous service mark “VISA” at the sight of the opposed mark, consisting of “AIR” and “VISA” when used on its designated goods and services because of a remarkable degree of the reputation of the “VISA” mark and business circumstances that credit card companies provide application program for online payment service at present

JPO decision

The JPO Opposition Board admitted the famousness of the “VISA” mark in relation to the service of credit card services and electronic credit card transaction processing as a source indicator of the opponent based on substantial use since 1958 and a top market share of over 50% in Japan.

In the meantime, the Board questioned whether the “VISA” mark has become famous as a source indicator in connection with computer programs for online payment services from the produced evidence.

The Board considered the opposed mark “AIR VISA” shall be assessed in its entirety because of a tight combination of two words that is familiar to relevant consumers in Japan respectively. If so, both marks are dissimilar in the presence and absence of the term “AIR” from visual, phonetical, and conceptual points of view.

Bearing in mind that the term “VISA” is not a coined word, having its original meaning as an official mark, usually made in a passport, that allows one to enter or leave a particular country, the Board has a reason to believe that relevant consumers are unlikely to associate the goods and services in question bearing the opposed mark with VISA.

Based on the foregoing, the Board decided the opposed mark shall not be canceled in contravention of Article 4(1)(xv) of the Trademark Law and dismissed the entire allegations by VISA.

Slim Chickens Fails to Secure Trademark in Japan

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The JPO dismissed an opposition claimed by Slim Chickens Holdings LLC, a US fast-casual restaurant chain that specializes in chicken tenders and wings, against TM Reg no. 6524092 for the wordmark “Slim Chickens” on restaurant services in class 43.

[Opposition case no. 2022-900179, decided on February 16, 2023]

SLIM CHICKENS

Slim Chickens opened in 2003 in Fayetteville, Arkansas, US, with a focus on fresh, delicious food with a southern flair in a fast-casual setting. With more than 190 locations opened and a fanatical following in 30 U.S. states, as well as international locations in the United Kingdom, the eternally cool brand is an emerging national and international franchise leading the “better chicken” segment of fast-casual restaurants with a goal to grow over 600 restaurants over the next decade.

Opposition against TM Reg no. 6524092

Food Revamp Co., Ltd, a Japanese company, filed a trademark application for the word mark “Slim Chickens” in standard character for use on restaurant services in class 43 with the JPO on May 6, 2021.

The JPO admitted registration of the mark (TM Reg no. 6524092) on March 8, 2022, and published for opposition on March 16, 2022.

Slim Chickens Holdings LLC (SCH) filed an opposition with the JPO on May 2, 2022, and argued the mark shall be canceled in contravention of Article 4(1)(xv) and (xix) of the Japan Trademark Law.

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.

Article 4(1)(xix) prohibits registering a trademark that is identical with, or similar to, another entity’s famous mark, if such trademark is aimed for unfair purposes, e.g., gaining unfair profits, or causing damage to the entity.

JPO Decision

The JPO Opposition Board did not find a high level of popularity of “Slim Chickens”, a US fast-casual restaurant chain, among relevant consumers in Japan as well as the US and other countries by stating:

It is admitted that SCH opened a restaurant in the U.S. in 2003, and the first Slim Chickens franchise in 2013. SCH restaurant chain was ranked third in the “Best Casual Restaurant” category in 2020. SCH has used the “Slim Chickens” mark on their business and restaurant chain that has been considerably introduced in US magazines and online news sites.

However, SCH did not produce sufficient evidence other than media coverage to suggest their business performance in US and UK.

Therefore, the Board has no reason to believe that the “Slim Chickens” mark has been widely recognized among consumers in the US and other countries as a source indicator of the SCH restaurant chain.

Even if SCH restaurant chain has achieved sales of USD120 million and about 135 stores in the US and 10 stores in the UK, taking account of the total sales (USD10.06 billion) and the number of stores in the US (9,630) of Dunkin’ Donuts, which is introduced on the same coverage with SCH, and 9 mega restaurant chains opens over 1,000 stores in Japan, it is doubtful if “Slim Chickens” has acquired a high level of recognition even among consumers in US and UK.

In Japan, although there are magazines and web pages introducing the “Slim Chickens” restaurant chain, the number of such magazines and web pages is merely 6 from July 2017 to April 2022, and above all, there is no fact that SCH has opened a restaurant in Japan. If so, there is no reason to consider the “Slim Chickens” mark is widely recognized among relevant consumers in Japan.

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

Failed trademark opposition by Volkswagen: POLO vs. QOLO

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On December 28, 2022, the JPO Opposition Board dismissed the opposition claimed by German car giant Volkswagen AG against TM Reg no. 6512258 for the wordmark “Qolo” by finding dissimilarity to, and the unlikelihood of confusion with VW’s famous car model name “Polo” even when used in relation to automobiles.

[Opposition Case no. 2022-900157]

Opposed mark

Qolo Inc., a Japanese start-up company, filed a trademark application for the wordmark “Qolo” for various goods and services in classes 9, 10, 12, 20, 37, 42, and 44 including automobiles and repair, maintenance, and rental of cars on September 7, 2021.

The JPO granted protection of the opposed mark on February 10, 2022, and published it for registration on February 21, 2022.

Opposition by VW

Volkswagen AG filed an opposition against the opposed mark on April 19, 2022, before the lapse of a two-month statutory period counting from the publication date and claimed the opposed mark shall be canceled in contravention of Article 4(1)(xi) and (xv) of the Japan Trademark Law by citing VW’s earlier TM Reg no. 600030-2 for wordmark “POLO” on automobiles in class 12.

VW argued the opposed mark “Qolo” is deemed similar to “POLO” from visual and phonetical points of view. The opposed mark designates “electric vehicles; automobiles” in class 12, “repair and maintenance of automobiles; vehicle battery charging” in class 37, and “rental of automobiles, vehicles” in class 39 that are deemed identical or similar to automobiles.

In view of the remarkable reputation of VW POLO cars and the close resemblance between “Qolo” and “POLO”, it is highly likely that relevant consumers confuse a source of goods and services of the opposed mark when used on automobiles and its related services.

JPO decision

The Board admitted the famousness of the “POLO” mark as a source indicator of VW cars based on the facts that the Volkswagen Polo has been continuously imported to Japan since 1996 and ranked in the top 7 of imported automobiles for the past two decades.

However, the Board found “POLO” and “Qolo” are dissimilar in appearance and sound.

The difference in the first letter consisting of four letters in total would be anything but visually negligible. Likewise, the different pronunciation in the 1st sound consisting of two sounds in total gives rise to a distinctive impression.

By taking into consideration a lower degree of similarity between the marks and lack of originality for the term “POLO”, which means a game played on horseback between two teams, each of four players, the Board negated a likelihood of confusion between “POLO” and “Qolo” even when the opposed mark is used on goods and services in question.

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

Philippe Starck Lost Trademark Dispute over Starck

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The Japan Patent Office (JPO) dismissed an opposition claimed by Philippe Starck, a French designer, against TM Reg no. 6487488 for the wordmark “Starck” due to the unlikelihood of confusion when used on management, leasing, rental, purchase, and sale of buildings, and real estate agency services in class 36.

[Opposition case no. 2022-900079, Decision date: December 5, 2022]

Opposed mark

Starck Co., Ltd., a Japanese company, sought trademark registration of the wordmark “starck” in standard character to be used on services related to real estate in class 36 on July 2, 2021.

Without raising any objections in the course of substantive examination, the JPO granted protection of the opposed mark on December 13, 3021, and subsequently published for post-grant opposition on January 13, 2022.

Opposition by Philippe Starck

Philip Starck, a French designer known for his wide range of designs, including everything from interior design to household objects and architecture, filed an opposition with the JPO on March 15, 2022, just before the lapse of a statutory period of two months counting from the publication date.

He argued the opposed mark shall be canceled in contravention of Article 4(1)(xv) and (xix) of the Japan Trademark Law in view of the high reputation of the term “Starch” as an indication of the opponent and close relatedness between the service in question and architectural design service.

JPO decision

The JPO Opposition Board did not admit the famousness of the mark “Starck” as a source indicator of the opponent’s design service from the produced evidence even though the Board found the mark has acquired a certain degree of recognition as a name of designer among relevant consumers.

Besides, the Board considered architectural design services shall be remotely associated with the management, leasing, rental, purchase, and sale of buildings, and real estate agency services in class 36.

If so, irrespective of the identical marks, the Board has no reason to believe relevant consumers would conceive of the opponent at a slight of the service in question using the opposed mark and confuse its source 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.

HYATT lost a trademark dispute in Japan: GRAND CLUB vs GRAN CLUB

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The Japan Patent Office (JPO) did not side with HYATT and dismissed an invalidation petition against TM Reg no. 6186629 for the wordmark “GRAN CLUB” by finding dissimilarity to HYATT’s earlier mark “GRAND CLUB”.

[Invalidation case no. 2022-890018, Decision date: December 14, 2022]

GRAN CLUB

The disputed mark, consisting of the word mark “GRAN CLUB” in standard character was filed by Memolead Wellness Co., Ltd., a Japanese company for use in restaurants, hotels and temporary accommodations, retirement homes, beauty salons, and other services in class 43 and 44 on September 13, 2018, with the JPO. The JPO examiner granted protection on September 10, 2019.

Apparently, the applicant uses the mark on their facility to provide a sports club, fitness gym, spa, beauty salon, sauna, café, and social club in Takasaki City, Gunma Prefecture (Japan).

GRAND CLUB

Hyatt International Corporation has effectively owned earlier TM Reg no. 4604602 for the wordmark “GRAND CLUB” in standard character on hotels, restaurants, beauty salons, and other services in Japan.

Hyatt filed an invalidation petition against “GRAN CLUB” with the JPO on March 18, 2022, and argued the disputed mark shall be invalidated in contravention of Article 4(1)(xi) of the Trademark Law due to a close resemblance between “GRAND CLUB” and “GRAND CLUB” to be used on identical or similar services.

JPO Decision

The JPO Invalidation Board found the disputed mark “GRAN CLUB” does not give rise to any specific meaning as well as the cited mark “GRAND CLUB”.

From the appearance, the Board found both marks are distinguishable by virtue of the presence or absence of the letter “D” in the middle of the marks.

Besides, the Board had a view that it is unlikely relevant consumers audibly confuse “ɡræn-klʌb” with “ɡrænd-klʌb” in view of short phonetic compositions of six or seven sounds.

Hyatt argued “GRAND CLUB” can be called “ɡræn-klʌb” among Japanese consumers based on a lot of hotels and facilities with a mark containing the term “GRAN” that is ordinary called “ɡræn”. However, the Board held the examples are neither direct nor relevant to find “GRAND CLUB” is pronounced as  “ɡræn-klʌb” by relevant consumers.

Given both marks are incomparable to the concept, the Board has a reason to believe both marks give rise to a different impression in the mind of consumers from visual, phonetical, and conceptual points of view.

Based on the foregoing, the Board concluded “GRAN CLUB” and “GRAND CLUB” are dissimilar and declared the validity of the disputed mark.

Trademark dispute: “Swan Angel” vs “ANGEL SWAN”

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In a recent decision, the Japan Patent Office (JPO) declared invalidation of TM Reg no. 5947687 for the word mark “Swan Angel” in class 41 due to a similarity to “ANGEL SWAN”.

[Invalidation case no. 2022-890031, Decision date: December 1, 2022]

Swan Angel

Disputed mark, consisting of the wordmark “Swan Angel” in standard character, was filed for use on various services including ballet school in class 41 with the JPO by a Japanese individual on October 5, 2016, and registered on May 19, 2017 (TM Reg no. 5947687).

Invalidation petition

On May 10, 2022, just before the lapse of a five-year statute of limitations, an owner of earlier TM Reg no. 5509646 for wordmark “ANGEL SWAN” in standard character filed a petition for invalidation against the disputed mark.

The owner argued disputed mark shall be invalidated in contravention of Article 4(1)(xi) of the Japan Trademark Law by stating “Swan Angel” is confusingly similar to “ANGEL SWAN” and ballet school and other services pertinent to ballet is deemed similar to the service in class 41 designated under the earlier mark since it also relates to ballet.

JPO decision

In an assessment of the similarity of marks, the JPO Invalidation Board stated:

Both the disputed mark and the cited mark consist of the two English words, “Swan” and “Angel”, commonly known among general consumers in Japan and it is reasonable to assume that relevant traders and consumers at the sight of both marks will see the words being placed in reverse order.

Even if there is a difference in the order of two words between the marks, the Board has no reason to believe the difference gives rise to any distinct meaning as a whole.

If so, relevant traders and consumers are likely to recognize the respective marks as a combination of “swan” and “angel” in sound and concept irrespective of the reversed order.

In this respect, both marks look similar in appearance because of the same words, font, and alphabet.

Based on the foregoing, the Board found the disputed mark “Swan Angel” is confusingly similar to the cited mark “ANGEL SWAN” from visual, phonetical, and conceptual points of view.

Taking account of another factor that respective services pertinent to ballet are deemed identical or similar as well, the Board concluded the disputed mark shall be retroactively invalidated in contravention of Article 4(1)(xi).

Warner Defeated in Trademark Opposition over TWEETY

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The Japan Patent Office (JPO) dismissed an opposition filed by Warner Bros against Japanese trademark registration no. 6452448 for the TWETYBIRD mark with a device by finding dissimilarity to and less likelihood of confusion with “Tweety”, a yellow canary bird, featured in the Warner Bros Looney Tunes animated cartoons.

[Opposition case no. 2021-900459, Decision date: October 26, 2022]

Japan TM Reg no. 6452448

The opposed mark, consisting of the word “TWETYBIRD” and an encircled “B” device (see below), was filed by a Chinese company for use on various goods in classes 3,9,14,18,25, and advertising and other services in class 35 on December 16, 2020.

The JPO granted protection on August 25, 2021, and the mark was published for opposition on October 26, 2021.

Opposition by Warner Bros

On December 27, 2021, before the lapse of a two-month opposition period, Warner Brothers Entertainment Incorporated filed an opposition with the JPO, and argued the opposed mark shall be canceled in contravention of Article 4(1)(vii), (xi), (xv) and (xix) of the Japan Trademark Law by citing earlier trademark registrations for the mark “Tweety”, a yellow canary bird (see below) featured in the Looney Tunes animated cartoons.

Warner Bros alleged that the cited marks have been remarkably famous for the title of the animated cartoons or the name of the cartoon character produced by Warner Bros. In view of the close resemblance between the famous mark “Tweety” and a literal element “Twety” of the opposed mark, it shall be considered the opposed mark is similar to and likely to cause confusion with the opposed mark when used on the goods and service in question.

JPO decision

The JPO Opposition Board admitted a certain degree of reputation and popularity of the cited marks to indicate a cartoon character. However, the Board questioned such popularity as a source indicator of Warner Bros from the totality of the circumstances and the produced evidence.

Besides, the Board found the literal element “TWETYBIRD” of the opposed mark shall be assessed in its entirety from the visual configuration. If so, the opposed mark would not give rise to a similar sound and meaning to “Tweety”. Therefore, the Board has a reason to believe that relevant consumers are unlikely to confuse a source of the goods and services in question bearing the opposed mark with Warner Bros due to a low degree of similarity between marks and reputation of the cited marks as a source indicator of Warner Bros.

In the decision, the Board mentioned it is doubtful if relevant consumers acquaint themselves with “Tweety Bird” as the full name of “Tweety”. If so, there is no reasonable ground to find the opposed mark violates morality or public order.

Based on the foregoing, the Board found the opposed mark shall not be canceled in contravention of Article 4(1)(vii), (xi), (xv), and (xix) and dismissed the opposition entirely.

Failed Opposition by Chanel over Monogram

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The Japan Patent Office (JPO) dismissed a trademark opposition filed by Chanel against TM Reg no. 6351256 for a composite mark containing a device made of two inverted and interlocked “C” by finding dissimilarity to and the unlikelihood of confusion with Chanel’s monogram.

[Opposition case no. 2021-900169, Decision date: September 30, 2022]

Opposed mark

The opposed mark consists of the words “MUSIC BAR” and “CHAYA”, and a device made of two inverted and interlocked “C” (see below).

HIC Co., Ltd. filed the opposed mark for use on restaurant service in class 43 on August 27, 2020, with the JPO. The examiner granted protection on January 19, 2022, and published for opposition on February 10, 2021.

Opposition by Chanel

Chanel filed an opposition on April 30 and argued the opposed mark shall be canceled in contravention of Article 4(1)(xi), (xv), and (xix) of the Japan Trademark Law by citing earlier trademark registrations for Chanel’s monogram on the ground that:

  1. The figurative element of the opposed mark is similar to the prestigious Chanel’s monogram made of two inverted “c” displayed as an ellipse in its central point (see below).
  2. Given the remarkable degree of popularity and reputation of Chanel’s monogram, relevant consumers with ordinary care are likely to confuse a source of the service in question bearing the opposed mark with CHANEL.
  3. Applicant must have applied the opposed mark, confusingly similar to Chanel’s monogram with an unfair intention to take advantage of the reputation and goodwill associated with Chanel’s famous trademark.

JPO Decision

The JPO Opposition Board admitted that Chanel’s monogram has acquired a high degree of reputation among relevant consumers of the service in question. Allegedly, CHANEL spent more than 5 billion JP-Yen on advertising in Japan each year since 2014. Annual sales revenue exceeds 50 billion JP-Yen. Jewelry accounts for 3 billion JP-Yen of the revenue.

In the meantime, the JPO denied visual similarity between the figurative element of the opposed mark and the monogram by stating:

“They share a similarity in that they are both figures with two “C”-shaped curves placed back-to-back on the left and right sides so that parts of the curves overlap. However, in addition to differences in the way the “C”-shaped curves are represented (whether the thickness varies or is uniform and whether the opening is wide or narrow), there are also differences in the way the entire composition is represented, such as asymmetrical and symmetrical figures, vertical figures with two deeply overlapping curves and horizontal figures with two shallowly overlapping curves. Furthermore, the overall impression of the composition is clearly different in terms of asymmetrical and symmetrical figures, vertical figures with two curves deeply superimposed and horizontal figures with two curves shallowly superimposed. Therefore, there is no likelihood of confusion in terms of appearance.”

Obviously, there is no likelihood of confusion in terms of appearance and conception. Therefore, taking account of the impression, memory, and association given to traders and consumers by means of the appearance, concept, and pronunciation of two marks as a whole, the Board has a reason to believe that two marks are dissimilar and there is no likelihood of confusion.

Based on the foregoing, the Board dismissed the entire allegations of Chanel and allowed the opposed mark to register as the status quo.

ZARA Unsuccessful in Trademark Opposition against ZARAHA

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The Japan Patent Office (JPO) dismissed a trademark opposition claimed by INDITEX, S.A. against TM Reg no. 6423743 for the wordmark “ZARAHA” by finding dissimilarity of the mark and unlikelihood of confusion with a famous fashion brand “ZARA”.

[Opposition case: 2021-900373, Decision date: September 8, 2022]

ZARAHA

ZARAHA BEAUTY CO., LTD., a Japanese company, filed a word mark “ZARAHA” in standard character for use on beauty care cosmetics and preparations (cl. 3); retail services for beauty care cosmetics (cl. 35); beauty arts instruction (cl. 41); aesthetician services, beauty salon services (cl. 44) with the JPO on October 15, 2020 (TM App no. 2020-127458).

The applicant opens the ZARAHA BEAUTY shop in Tokyo to provide beauty salon services. Click here.

The JPO granted protection of the applied mark on July 6, 2021, and published for opposition on August 24, 2021

Opposition by INDITEX

Inditex, S.A., an international fashion manufacturer, and distribution group filed an opposition against the wordmark “ZARAHA” by citing its flagship brand “ZARA” on October 21, 2021.

Inditex argued the opposed mark shall be canceled in contravention of Article 4(1)(xi) and (xv) of the Japan Trademark Law by taking into consideration the remarkable reputation of “ZARA” as a famous fashion brand, resemblance of both marks, and close association between apparels and cosmetics, beauty care-related services.

JPO Decision

The JPO Opposition Board admitted a certain degree of the reputation of the mark ZARA as a source indicator of the opponent’s apparel. However, the Board questioned if “ZARA” has acquired a substantial degree of popularity among relevant consumers of the goods and services in question from the totality of the produced evidence.

Besides, the Board found that “ZARAHA” and “ZARA” shall be easily distinguishable in appearance and pronunciation. Conceptually, both marks are not similar because they do not give rise to any specific meaning. Therefore, the Board has a reason to believe both marks are dissimilar.

Given that “ZARA” has not become famous among relevant consumers of the goods and services in question, and a low degree of similarity between the marks, it is unlikely that the consumers confuse a source of cosmetics and beauty care-related services bearing the opposed mark “ZARAHA” with Inditex.

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

No confusion between “InstaShop” and “Instagram”

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On July 27, 2022, the Appeal Board of Japan Patent Office (JPO) disaffirmed the examiner’s rejection and found TM Application no. 2019-152946 for “InstaShop” with device mark is dissimilar and thus unlikely to cause confusion with a famous mark “Insta” known as an abbreviation of “Instagram”.

[Appeal case no. 2021-12444]

InstaShop

The applied mark consists of a red rectangle with rounded corners, a motif depicting a white shopping basket, the term “InstaShop” in white with large font, and “Convenience delivered” in black with a smaller font (see below).

The mark was filed in the name of InstaShop DMCC, a UAE corporation, for use on ‘online ordering services; price comparison services; import-export agency services; compilation of information into computer databases; providing commercial information and advice for consumers in the choice of products and services; retail services and wholesale services for foods and beverages, clothing, footwear, bags, cosmetics, and others in class 35 and ‘car transport; truck transport; packaging of goods; freight brokerage; delivery of goods; warehousing; rental of warehouse space and others’ in class 39 on December 5, 2019.

The JPO examiner rejected the mark due to a likelihood of confusion with the famous mark “Insta”, known as an abbreviation of “Instagram” in connection with application software for posting and sharing images and videos, online social networking services, advertising, and publicity services based on Article 4(1)(xv) of the Japan Trademark Law.

Article 4(1)(xv) is a provision to refrain from registering a junior mark that is likely to cause confusion with other business entities’ well-known goods or services.

The applicant filed an appeal on September 16, 2021, and argued the unlikelihood of confusion with Instagram.

JPO decision

The JPO assessed the term “InstaShop” can be a prominent portion of the applied mark and play a role in source indicator per se, but it shall be dissimilar to the “Insta” mark from visual, phonetical points of view. Even if the concepts are not comparable, by taking into global consideration the impression, memory, and association that respective mark gives to consumers and traders, the Board has a reason to believe that both marks are distinctively dissimilar.

Being that the applied mark contains figurative elements and other words “Convenience delivered”. Due to the difference, the applied mark as a whole has a low degree of similarity to the “Insta” mark.

Besides, the Board does not find the services in question have a close association with goods and services of Instagram in view of purpose, business field.

Even if the “Insta” mark has acquired a certain degree of reputation and popularity mainly among young consumers in their teens and twenties, the Board has no reason to believe relevant consumers are likely to associate and confuse a source of the services in question bearing the applied mark with Instagram because of a low degree of similarity of marks and relatedness with respective goods and services.

Based on the foregoing, the Board decided to disaffirm the examiner’s rejection and grant registration of the applied mark.