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Bottom line: The Board found 3DFIT is not descriptive nor misdescriptive for diapers.

The applicant sought registration of 3DFIT, wherein FIT is written in katakana as shown below, designating diapers of paper for infants, disposable diapers of paper for infants (including diaper-pants).

[Applied-for mark]

(Katakana portion is transliteration of FIT.)

The examiner was of the opinion that the applied-for mark is merely descriptive for diapers that have three-dimensional shape and fit well on babies’ hip and that it is also misdescriptive for diapers lacking such features.

The Board acknowledged the meaning of each term 3D and FIT, but did not agree to the rest of the examiner’s opinion.  The Board could not find any proof to confirm that 3DFIT as a whole is used in the relevant industry referring to “well-fit with three-dimensional shape”, or 3DFIT is recognized as such among the consumers to refer to the quality of goods.  Therefore, the Board concluded that the applied-for mark is not descriptive nor misdescriptive with respect to the designated goods.

And so the Board reversed the refusal, and the application for 3DFIT (FIT in katakana) was granted for registration.

 

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