We are a boutique IP firm located in Osaka, Japan, specializing in trademark, design, specific unfair competition and copyright matters.

Bottom line: The Board found that “SAVON NOIR (standard character)” is not registrable for being descriptive and misdescriptive.

The applicant filed a trademark application for “SAVON NOIR” as a standard character mark with respect to laundry detergents, dish detergents, detergents for household use etc. in Class 3.  The Examiner refused the application as the mark is not inherently distinctive and falls under Section 3-1-6 of Trademark Act.  Specifically, the mark consists of “SAVON” meaning soap in French and “NOIR” meaning black in French too, and it will be merely recognized as black soap or product for washing out black stain and does not function as a source identifier.

The Board conducted further search ex officio, and finally refused the application on the ground that it is descriptive and misdescriptive.  More particularly, the Board found that:

-　“SAVON NOIR” is widely used in many Japanese websites to refer to detergents for household use, which is made from natural materials such as olive and is made in France.
-　Therefore, consumers will recognize that the mark merely describes the quality and use of such detergent.  Further, the mark will mislead the consumers as to the quality when used for other kind of detergents.
-　Thus, the mark is descriptive and misdescriptive and falls under Section 3-1-3 and 4-1-16 of Trademark Act.

And so the Board refused the application on the different ground of refusal.

 

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