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 “BeSafe (stylized)” is registrable for being not descriptive.

The applicant filed an international trademark application for stylized “BeSafe” designating Japan with respect to “safety helmets, bicycle helmets, et al.” in Class 9 and “Car safety seats and car safety belts for children, et al.” in Class 12.

<Applied-for mark>

The Examiner refused the application on the ground that the applied-for mark is descriptive for safety goods and misdescriptive for other goods concerning the designated goods as it is a composite mark consisting of “Be” and “Safe” and bears a meaning of “safen” as a whole.

The Appeal Board observed the mark and finally reversed the examiner’s decision.   The Board found that:

-　Both “Be” and “Safe” are familiar words to Japanese consumers, and “Besafe” as a whole means “safen” or “be safe”.  “BeSafe” only has vague meaning although all of the designated goods have high safety demand.
-　Moreover, “Be” is colored and the mark is stylized.  Therefore, consumers will not recognize that the mark shows the quality of goods directly and specifically.
-　The Board found no fact that the term “BeSafe” was used commonly in the industry.
-　In conclusion, the mark will function as a source indentifier and will not cause misleading of quality.

And so the Board reversed the refusal, and the application for “BeSafe (stylized)” was granted for registration.

 

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