タグ: JAPAN PATENT OFFICE

JPO Found Trademark “Finto” Dissimilar to “Fi.n.t”

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The Japan Patent Office (JPO) set aside rejection by the examiner to register TM App no. 2025-57051 “Finto” in Class 9 by finding dissimilarity to earlier TM Reg no. 5547097 for the wordmark “Fi.n.t” in the same class.
[Appeal case no. 2025-16841, decided on January 22, 2026]

Finto

Visional Co., Ltd. filed a trademark application for the word mark “Finto” in standard character for use on computer software and other computer-related goods in Class 9 with the JPO on May 26, 2026. [TM App no. 2025-57051]

Fi.n.t

On June 4, 2025, the JPO examiner gave the applicant a notice of ground for refusal laid down in Article 4(1)(xi) of the Japan Trademark Law by citing earlier TM Reg no. 5547097 for a word mark “Fi.n.t” with its Japanese transliteration (see below) in Class 9 that has been effectively registered since 2012.

The applicant filed a response to the office action on July 9, 2025, and argued dissimilarity of the marks. However, the examiner did not withdraw his refusal and finally decided to reject the entire application on July 25.

The applicant filed an appeal against the examiner’s rejection on October 22, 2025, and argued dissimilarity of the marks.

Appeal Board decision

The JPO Appeal Board noted that the term “Finto” is not listed in standard dictionaries. As no circumstances are confirmed to suggest its specific meaning in Japan, it will be recognized as a coined word. Therefore, the mark has a sound of “finto” and does not elicit any particular connotations.

Regarding the cited mark, the Board observed that it comprises the letters “Fi.n.t” and their Japanese katakana transliteration, arranged in two lines. It is regular to refrain from pronouncing two dots placed in the middle of the letters. From overall appearance, it is reasonable to find that the cited mark also has a sound of “finto” and no meaning in its entirety.

Due to the clear distinctions in literal configuration, the number of letters, and the presence and absence of “,” / “o,” visual impressions differ remarkably to the extent that relevant consumers can distinguish two marks in appearance. Evidently, both marks have the same sound. A conceptual comparison is neutral as neither of the concepts has a clear meaning.

Based on the foregoing, the Board found that even if the marks have common sound and the conceptual comparison is neutral, given that the marks are sufficiently distinguishable in appearance, relevant consumers will not confuse the source of goods in question bearing the mark “Finto” with the cited mark. If so, the Board has reason to believe that they are dissimilar as a whole.

Printed Certificate of Registration Unavailable from April 1, 2026

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The COVID-19 pandemic, beginning in 2020, served as a significant catalyst for large-scale departures from the Japanese traditional administrative culture, namely, ending the use of hanko seals on official paper documents.

Effective April 1, 2024, the Japan Patent Office (JPO) began providing digital certificates of registration only upon special request. If an applicant did not receive a certificate via the internet within 10 days of its upload to the JPO server, under the current practice, the JPO would send a printed certificate by mail.

The new law, which aims to promote further digitalization, will take effect on April 1, 2026.

  1.   Under the new practice, if an applicant does not access the JPO server to download a certificate within 10 days of its upload, the certificate is presumed delivered after 10 days from the upload date. The JPO will not send a printed certificate by mail.
  2.   After April 1, 2026, applicants who want to receive a printed certificate can do so by refraining from filing a request for online notification with the JPO. However, the new law requires trademark attorneys to receive all JPO notifications online. Therefore, after April 1, 2026, foreign applicants directly filing trademark applications with the JPO through a local attorney in Japan have no choice but to receive a digital certificate.
  3. The digital certificate would neither be reissued nor included in a file wrapper.
  4. If a foreign trademark owner still prefers a printed certificate, the JPO will reissue one upon receiving a written request and the official fee of JPY4,600 per certificate.

Even under the new law, certificates of registration in Japan via the Madrid Protocol are still issued on paper.

Ziploc Ribbon, Ziploc, or Ribbon?

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In an appeal concerning the similarity between the registered mark “Ribbon” and a junior application containing the literal elements “Ziploc” and “Ribbon,” the Japan Patent Office (JPO) overturned the examiner’s refusal and held that the two marks were dissimilar.
(Appeal Case No. 2025-4546, decision dated January 19, 2026)

The contested mark: “Ziploc Ribbon”

SC Johnson & Son, Inc. filed a trademark application on February 14, 2024, for a composite mark comprising the literal elements “Ziploc” and “Ribbon,” with the word “Ribbon” placed below “Ziploc” within a ribbon design (see image below). The application designated plastic bags and containers in Classes 16 and 21. [TM Application No. 2024-14335]

“Ziploc” is widely known as a brand of reusable, re-sealable zipper storage bags and containers manufactured by S. C. Johnson & Son, a US-based company.

https://www.beams.co.jp/special/ziplocribbon/

JPO examination

On January 29, 2025, the JPO examiner rejected the application pursuant to Article 4(1)(xi) of the Japan Trademark Law, citing prior registered trademark No. 4873505 for the word mark “Ribbon” in standard character, which has been registered since 2005 for identical or similar goods in the same classes.

SC Johnson filed an appeal against the examiner’s decision on March 25, 2025, seeking revocation of the refusal.

Appeal Board decision

The JPO Appeal Board reversed the examiner’s decision and concluded that the marks were dissimilar, reasoning as follows:

  1. Because the literal elements of the applied-for mark are depicted in a similar monochromatic color scheme and arranged in close proximity, relevant consumers are likely to perceive the mark as a single, unified whole.
  2. The term “Ribbon” possesses only a low degree of inherent distinctiveness, as it is commonly used to denote a long, narrow strip of material employed for tying or decorative purposes.
  3. Given that the element “Ziploc,” which is prominently displayed in the contested mark, is widely recognized as an indicator of origin for the applicant’s zipper storage bags and containers, there is no evidence to suggest that the term “Ribbon,” shown beneath “Ziploc” in a smaller font, plays a dominant role in identifying the commercial source of the goods.
  4. In light of the foregoing, it is unreasonable to assess similarity between the marks based solely on the shared element “Ribbon.”

Based on this analysis, the Appeal Board set aside the examiner’s refusal and granted registration of the “Ziploc Ribbon” mark.

Abercrombie & Fitch Fails to Protect Trademark “A&F” with Moose silhouette

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The Japan Patent Office (JPO) did not side with Abercrombie & Fitch in an appeal against the JPO examiner’s rejection of the mark “A&F” with an iconic moose silhouette in Class 9 due to a conflict with the earlier mark “A&F” in Class 35.
[Appeal case no. 2025-9982, decided on December 23, 2025]

Abercrombie & Fitch

Abercrombie & Fitch filed a trademark application for the mark consisting of the term “A&F” and their iconic Moose silhouette (see below) for use on eyeglasses, sunglasses, googles for sports, earphones, headphones, telecommunication machines and apparatus, personal digital assistants, cases for smartphones in class 9 with the JPO on February 26, 2024 [TM App no. 2024-18531].

Rejection laid down in Article 4(1)(xi)

On May 7, 2025, the JPO examiner rejected the mark applied for lain down in Article 4(1)(xi) of the Japan Trademark Law by citing two earlier TM Reg Nos. 5218488 and 5588154 for the mark “A&F” owned by A&F Corporation.

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

The cited marks designate retail or wholesale services for telecommunication machines and apparatus, and eyeglasses in Class 35.

Under the JPO practice, goods and retail or wholesale services for the goods are deemed similar.

JPO Appeal Board decision

Abercrombie & Fitch filed an appeal to request that the examiner’s rejection be set aside on June 26, 2025.

In the appeal brief, Abercrombie & Fitch argued that the figurative element is dominant in the contested mark as the Moose silhouette has acquired a certain degree of recognition among the relevant consumers in Japan.

However, the Board observed the examiner did not err in finding facts relevantly and dismissed the appeal by stating that:

  1. The figurative element does not engender any specific meaning or sound. The literal element, “A&F,” is also recognized as a coined word, as it does not appear in ordinary dictionaries. There is no reasonable basis to consider these elements as a whole due to the significant space gap and lack of conceptual association between them. Therefore, it is appropriate to find that the literal element “A&F” of the contested mark plays an independent role in identifying the source of the goods bearing the contested mark.
  2. Even if a conceptual comparison is neutral, as neither the contested mark nor the cited marks have a clear meaning, the relevant consumers are likely to confuse the source of the goods in question with the cited owner because of the close resemblance in appearance and pronunciation.
  3. Based on the evidence submitted by Abercrombie & Fitch to demonstrate the popularity of the moose design, the Board found it unpersuasive that the design plays a dominant role as a source indicator.

JPO found “is me” dissimilar to “iS.ME” as trademark

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The Japan Patent Office (JPO) reversed the examiner’s rejection of the word mark “is me” in Classes 14, 18, and 25, by finding it dissimilar to senior TM Reg No. 5006417 for the mark “iS.ME” with an oval device.
[Appeal case no. 2025-4535, decided on December 17, 2025]

“is me”

ARIGATO CO., LTD. filed a trademark application for the stylized mark “is me” (see below) in connection with personal ornaments (Cl. 14), bags (Cl. 18), and apparel products (Cl. 25) with the JPO on February 8, 2024. [TM App no. 2024-18788]

https://www.argt-ltd.com/eventlist/438/

TM Reg No. 5006417

On October 4, 2024, the JPO examiner issued a notice of ground for refusal by citing senior TM Reg No. 5006417 for the mark “IS.ME” with an oval device (see below) in Classes 12, 14, and 25.

The applicant filed a response against the refusal on November 27, 2024, to argue the dissimilarity of these marks. However, on February 4, 2025, the examiner decided to reject the entire application due to similarity to the cited mark based on Article 4(1)(xi) of the Japan Trademark Law.

On March 25, 2025, the applicant filed an appeal against the contested decision, requesting that the rejection be set aside.

JPO Appeal Board decision

The JPO Appeal Board disaffirmed the contested decision and found that the mark “is me” should not be subject to rejection under Article 4(1)(xi) by stating that:

  1. The mark in question consists of the letters “is me” written in a script font. Both terms, “is” and “me”, are English words generally familiar to Japanese consumers, meaning “to be” and “myself” respectively. Therefore, the mark has the sound of “iz-miː.” Meanwhile, as “is me” lacks a subjective term, it does not give rise to any specific meaning as a whole.
  2. The literal elements of the cited mark will not be considered inextricable from the graphical element because of a space between them, and lack of conceptual integrity as a whole. In this regard, it is reasonable to consider the literal element as dominant in the cited mark, and compare it with the mark in question to assess similarity between the marks. The literal element gives rise to various sounds, not limited to “iz-miː.”, but “ai-es-dot-emu-iː”, “iz-dot-miː.”, “ai-es-dot-miː”.
  3. From appearance, the cited mark features a distinctive combination of the initial letter “i” in lowercase and the subsequent three letters in uppercase, all written in bold Gothic and colored in red. This constitutes a prominent distinction from the mark in question, resulting in strong commercial impressions that are easily distinguishable.
  4. Aurally, even if both sounds are the same when the cited mark is pronounced as “iz-miː”, the other sounds are clearly distinguishable.
  5. A conceptual comparison is neutral as neither of them has any specific meaning.
  6. Based on the foregoing, given both marks are unlikely to cause confusion from visual and phonetic points of view, the Board has reason to believe the mark “is me” is deemed dissimilar to the cited mark as a whole.

SERAPIAN Successful in Registering iconic MOSAICO braided pattern as trademark

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The Italian-based fashion house Stefano Serapian S.r.l. was successful in an appeal to overturn the examiner’s rejection of TM App no. 2022-131488 for the Serapian’s signature “Mosaico” leather pattern in Class 18.
[Appeal case no. 2023-16337, decided on December 17, 2025]

SERAPIAN MOSAICO

Stefano Serapian S.r.l. filed a trademark application for a braided pattern (see below) for use on bags, suitcases, tote bags, backpacks, key cases, porches, wallets, coin cases, and handbags in Class 18 with the JPO on November 17, 2022 [TM App no. 2022-131488].

The Serapian Mosaico pattern is known for its iconic hand-weaving technique, which dates back to 1947 and serves as an emblem of the Italian luxury brand, Serapian.

https://www.serapian.com/

JPO Examination

On June 26, 2023, the examiner rejected the mark based on Article 3(1)(vi) of the Japan Trademark Law by finding that:

The applied-for mark represents a continuous and repetitive geometric pattern consisting of a white square with a vertical line in the middle and a black square in a diagonal position. As a whole, it will be perceived merely as a decorative background design. Besides, there is no distinctive element that identifies the source of the goods in question. Consequently, consumers are unable to recognize it as a source indicator due to its lack of inherent distinctiveness.

Serapian filed an appeal against the rejection on September 27, 2023, to dispute the inherent distinctiveness of the mark based on substantial use and advertising of the Mosaico collection in Japan since 2014.

JPO Appeal Board Decision

The JPO Appeal Board noted the following facts.

  • Founded in 1928, the applicant is known for its line of bags favored by the late British actress Audrey Hepburn. The applicant’s bags, which depict the applied-for mark and were designed in 1947, have been sold nationwide in Japan for over 10 years and have been distributed in Japan since 2014.
  • Major fashion magazines and online articles have featured the bags and their iconic “MOSAICO” pattern design.
  • The bags are also sold in major department stores and online malls. Despite being expensive and high-end goods, annual sales exceeded JPY 50 million in 2023 and JPY 9 million in 2024.
  • A discretionary survey by the Board did not reveal the actual use of a similar pattern by others.

Based on the foregoing, the Board found that relevant consumers and traders can distinguish the applicant’s goods from others based solely on the Mosaico pattern.

Therefore, since the applied-for mark is not subject to Article 3(1)(vi) of the Japan Trademark Law, the Board overturned the examiner’s rejection.

Top 10 Trademark News in Japan, 2025

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As the year 2025 comes to an end, it is a good time to share the top 10 trademark news in Japan by counting the total number of likes on the Linkedin “Like” Button.

1: JPO Grants TM Registration for 3D Shape of the Popular Pocky Cookie

The Japan Patent Office (JPO) granted trademark registration for the three-dimensional (3D) shape of Ezaki Glico’s iconic “Pocky” cookie, recognizing that the shape had acquired distinctiveness in relation to chocolate confections in Class 30 [TM Reg. No. 6951539].

JPO Grants TM Registration for 3D Shape of the Popular Pocky Cookie

2: UNIQLO Lost in Trademark Opposition against UNIPRO

UNIQLO lost in its attempt to oppose TM Reg no. 6746724 for the mark “UNIPRO” in class 28 due to dissimilarity and unlikelihood of confusion with a world-famous Japanese clothing brand “UNIQLO”.

UNIQLO Lost in Trademark Opposition against UNIPRO

3: STARBUCKS Unsuccessful Invalidation Action against Trademark “STARBOSS”

The Japan Patent Office (JPO) dismissed an invalidation action claimed by Starbucks Inc. against TM Reg no. 6595964 for wordmark “STARBOSS” in class 32 due to dissimilarity to and unlikelihood of confusion with the world’s largest coffee chain “STARBUCKS”.

STARBUCKS Unsuccessful Invalidation Action against Trademark “STARBOSS”

4: IP High Court ruling: STARBUCKS vs STARBOSS

The Japan IP High Court did not side with Starbucks Corporation in a trademark dispute between “STARBUCKS” and “STARBOSS”, and affirmed the JPO decision that found “STARBOSS” dissimilar to, and less likelihood of confusion with “STARBUCKS when used on beverages.

IP High Court ruling: STARBUCKS vs STARBOSS

5: Trademark dispute: SONY vs SONIMART

The Japan Patent Office (JPO) sided with SONY in a trademark invalidation action against TM Reg no. 6162062 for word mark “SONIMARK” in classes 35 and 42 by finding a likelihood of confusion with famous mark “SONY”.

Trademark dispute: SONY vs SONIMART

6: MONSTER STRIKE vs MONSTER ENERGY

The Japan Patent Office (JPO) did not decide in favour of Monster Energy Company in its opposition to Defensive Mark Reg. No. 5673517 for the word mark “MONSTER STRIKE” in Classes 29, 30, and 32.

MONSTER STRIKE vs MONSTER ENERGY

7: YONEX Scored Win in Registering Color mark

On October 21, 2025, the Japan Patent Office (JPO) granted registration of a color mark that consists of blue and green colors, filed by Yonex Co., Ltd. to use on badminton shuttlecocks by finding acquired distinctiveness of the color combination.

YONEX Scored Win in Registering Color mark

8: HERMES Defeated with Trademark Opposition against KIMONO TWILLY

The Japan Patent Office (JPO) dismissed an opposition filed by Hermes International against TM Reg no. 6753650 for the word mark “KIMONO TWILLY” in Class 18, claiming a likelihood of confusion with the Hermes scarves “TWILLY”.

HERMES Defeated with Trademark Opposition against KIMONO TWILLY

9: JPO Said No to Register Kawasaki Green Color Mark

On March 19, 2025, the Japan Patent Office (JPO) finally decided to reject a color mark application filed a decade ago by Kawasaki Heavy Industries, Ltd., which sought to register a green color used on the world-famous Kawasaki motorcycles.

JPO Said No to Register Kawasaki Green Color Mark

10: TOMMY HILFIGER vs TOMTOMMY

The Japan Patent Office (JPO) did not side with Tommy Hilfiger Licensing B.V. in an opposition against TM Reg no. 6604265 “TOMTOMMY” due to dissimilarity and unlikelihood of confusion with “TOMMY” and “TOMMY HILFIGER”.

TOMMY HILFIGER vs TOMTOMMY

JPO Found Trademark Squatter Liable for Disobeying Public Order

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In a trademark dispute regarding the validity of TM Reg no. 6680828 “Alphacool,” the Japan Patent Office (JPO) declared invalidation of the contested mark because of disobeying the public order by a trademark squatter.
[Invalidation case no. 2025-890027, decided on December 9, 2025]

Trademark Squatting

The mark at issue, consisting of the term “Alphacool” in standard character, was filed with the JPO for use on goods in Class 9 on May 16, 2022, by a Chinese individual, and registered on March 15, 2023 [TM Reg no. 6680828].

The applicant filed 80 trademark applications from October 13, 2019, to August 6, 2024. “dyson”, “roomba”, “Xiaomi” are included among them. 48 marks are already registered. However, nine of them are subject to opposition, and seven to invalidation.

On April 21, 2025, Alphacool International GmbH requested the invalidation of TM Reg no. 6680828 “Alphacool” in contravention of Article 4(1)(vii), (x), (xv), and (xix) of the Japan Trademark Law.

JPO decision

The JPO invalidation Board observed that the applicant must have knowingly filed a lot of trademarks, including the contested mark used by other business entities. Actual use of the contested mark by the applicant rather suggests that the applicant sought to parasitize the other’s trademarks with malicious intent to disturb their business or free-ride on the reputation of their marks.

To bolster the above finding, the Board noted the fact that 16 marks out of 48 registered by the applicant are subject to opposition or invalidation actions. The ratio is approximately 33%. According to the JPO annual statistics, the average ratio is 0.5% for registered marks to be opposed or invalidated. Compared to the average ratio, 33% must be extremely high.

Accordingly, the Board found the contested mark should be invalidated based on Article 4(1)(vii) due to the likelihood of disobeying public order.

Samsung Unsuccessful in Trademark Opposition against BEAT GALAXY

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The Japan Patent Office (JPO) did not side with Samsung, the South Korean tech giant, in a trademark opposition against TM Reg no. 6895229 for word mark “BEAT GALAXY” in Class 9 by finding a low degree of similarity to and less likelihood of confusion with the mark “GALAXY” even when used on PDA, mobile phones.
[Opposition case no. 2025-900084, decided on December 2, 2025]

BEAT GALAXY

UMG Recordings Inc. filed a trademark application for the wordmark “BEAT GALAXY” in standard character with the JPO on November 13, 2023, for use on PDA, mobile phones, computers, computer software, audio files and other goods in Class 9 [TM App no. 2023-129205].

https://www.universalmusic.com/universal-music-group-and-supersocial-announce-beat-galaxy-on-roblox-a-groundbreaking-music-hub-featuring-artists-and-music-from-umg/

The JPO examiner granted protection of the mark on February 4, 2025.

Subsequently, it was published for a post-grant opposition on February 20, 2025.

Opposition by Samsung

Samsung, a South Korean tech giant, filed an opposition against the mark “BEAT GALAXY” on April 18, 2025, and claimed cancellation of the contested mark in contravention of Article 4(1)(vii), (x), (xi), (xv), and (xix) of the Japan Trademark Law by citing their earlier mark “GALAXY”.

Samsung argued the contested mark “BEAT GALAXY” is similar to the cited mark, and conveys a negative impression of defeating Samsung’s Galaxy. Thus, the contested mark detrimentally affects the goodwill of the cited mark. Relevant consumers are likely to associate the contested mark with Samsung.

JPO decision

The JPO Opposition Board found that the cited mark “GALAXY” has been widely recognised as an indicator of Samsung’s business.

In the meantime, the Board denied similarity between “BEAT GALAXY” and “GALAXY” by stating that:

The contested mark and the cited mark differ in the presence of the word “BEAT” at the beginning of the contested mark. Therefore, even when assessed in a different time and place, there is no likelihood of confusion in appearance.

Secondly, the different sound caused by the word “Beat” at the beginning of the contested mark significantly affects the overall aural impression. As both sounds are distinguishable as a whole, there is no likelihood of confusion in pronunciation.

As for concept, while the contested mark does not have any specific concept, the cited mark gives rise to a meaning of a collection of stars and planets that are held together by gravity. Accordingly, both marks are neutral in concept.

Based on the foregoing, the Board noted that, even though the goods in question are highly related to Samsung’s business, in view of a low degree of similarity and originality of the cited mark, it is reasonable to conclude that relevant consumers are unlikely to confuse a source of goods bearing the contested mark with Samsung or any undertaking economically or systematically connected with the claimant.

Consequently, the Board decided to dismiss the entire opposition.

Trademark battle over ZOOM between Zoom Communications Inc and Zoom Corporation

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On November 26, 2025, the Japan IP High Court upheld the Japan Patent Office’s (JPO) decision not to cancel TM Reg. No. 4940899, “ZOOM,” due to the commercial use of the mark in connection with a computer program for communication between internet or network users in Class 9.
[Court case no. Reiwa 6 (Gyo-ke)10111, decided on November 26, 2025]

ZOOM

ZOOM Corporation, a Japan-based electronic device company established in 1983, registered the stylised mark “ZOOM” (see below) for various goods, including musical instruments (Class 15) and computer programs (Class 9), in Japan [TM Reg. No. 4940899].

Non-use cancellation action

In June 2022, Zoom Communications Inc., a U.S. company that provides an easy-to-use communication platform and solutions for video meetings, filed a non-use cancellation and claimed partial cancellation of the ZOOM mark in connection with computer programs for communicating with other internet or network users in Class 9 (Cancellation Case No. 2022-300478).

Since January 8, 2022, the owner has developed and provided application software for iPhones and iPads that enables users to send recorded audio files via email under the name “Handy Recorder PRO.” The ZOOM mark is represented on the application’s icon (see below).

https://apps.apple.com/tr/app/handy-recorder-pro/id1523269680

On August 30, 2024, the Japan Patent Office (JPO) Trial Board found that the owner had established actual use of the mark on the goods in question and dismissed the cancellation petition.

On December 26, 2024, Zoom Communications Inc. filed an appeal against the JPO decision at the IP High Court, and claimed cancellation of the decision.

IP High Court decision

The court observed that an email is a medium through which users can communicate via the internet and communication networks. In this respect, the defendant’s application software shall be regarded as a computer program for communication between internet or network users in Class 9.

As for the plaintiff’s argument that emails cannot be sent without the support of the other file browser app and the iOS standard sharing function, the court noted that this fact would not affect the finding that the defendant’s application is a computer program for communicating with other users on the Internet or a network, by taking into consideration the overall function and graphical interface of the defendant’s application.

Since the defendant successfully demonstrated the actual and commercial use of the mark ZOOM on the goods in question, it is reasonable for the JPO to conclude that the mark should not be cancelled based on non-use.