I hope to be there again.
“The letters” Taj Mahal “represent a famous tomb in India.
The consumer recognizes that it is goods manufactured or sold in Taj Mahal and the surrounding area”.
It merely indicates the place of production or sale of the goods in a commonly used manner.
Judgment of the trial (judgment of 3 judges):
By ex officio investigation, the fact that “Taj Mahal” is generally used in business cannot be found as the place of production or sale of haursia which is a kind of succulent plant.
It was not possible to find the circumstances that the consumer should recognize it as the expression of the product area, sales place, etc.
It cannot be judged that it indicates the place of production of the goods, the place of sale, etc., nor can it be judged that there is a possibility of misidentification of the quality of the goods.
Appeal No. 2018-8340
A trademark representing a famous tourist destination such as “Taj Mahal” is registered OK! under some conditions.
Suntory Holdings has registered the trademark “Yume” in kanji (it means dream) for the goods “beer, beer flavored low-malt beer” in class 32.
Then, Asahi group Holdings has raised an opposition for the cancellation of the above trademark registration based on their registered trademarks “DREAM” (and two others).
Finally, JPO has judged “the appearance and the appellations are quite different although both concepts (meanings) have in common, that is, both are dissimilar trademarks.”
In other words, we need to obstruct that the third party registers a trademark “DREAM” if we register the trademark “Yume”.
The reverse is also true.
Hmm, what a mess!
The trademark (No. 5878610) attached here is clearly similar to another person’s registered trademark “FINE” (No. 5879869) (it’s ordinary typeface). Although the trademark was filed later, it was registered earlier than the above mentioned others.
Then, this registration of the trademark was canceled by “opposition” which is a system to complain about someone’s trademark registration.
This case means it is important to pay attention to what kind of trademark was registered.
The examiner judged,
both trademarks have same pronunciation, TORARIN(tolalin).
However, these appearances and impressions are totally different.
Japanese Patent Office judged as below:
Though the marks WANDA and WONDA have a same pronouciation, they are not similar with each other, because these marks are short and have clear difference in these appearance due to the word, A and O in these front part.
(No.2016-900203, Opposition case)
A famous strawberry name in Japan, “SKYBERRY” was registered in China by chinese company who has not permission from the Japanese maker.(2017.9.7)