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Bottom line: The Board found “CRYSTAL CLEAN & SHINE (standard characters)” dissimilar to “CRYSTAL with its transliteration in katakana” and “transliteration of CRYSTAL in katakana” respectively.

The applicant filed a trademark application for “CRYSTAL CLEAN & SHINE” for cleaning and polishing preparations for floor, etc. in Class 3.  The Examiner cited prior marks: “CRYSTAL with its transliteration in katakana” for polishing preparations and soap, etc. in Class 3 and transliteration of CRYSTAL in katakana” for soap, etc. in Class 3, and refused the application on the ground of similarity between the applied-for mark and the cited marks.

The designated goods of the applied-for mark are at least partially identical to those of the cited marks and the question is whether the marks are distinguishable.

The Board analyzed the applied-for mark and found as follows:

-　The examiner’s decision was based on the recognition that the applied-for mark will bear the sound of [ku-ri-su-ta-ru] and the meaning of crystal.
-　However, “CRYSTAL CLEAN & SHINE” is unified as a whole as it is composed of alphabets in same font and size.  Besides, “CRYSTAL CLEAN & SHINE” is somewhat wordy and can be divided into “CRYSTAL CLEAN” and “SHINE” by the symbol “&”.
-　Therefore, consumers will pronounce “CRYSTAL CLEAN & SHINE” not only as [ku-ri-su-ta-ru-ku-ri:-n-a-n-do-sha-i-n] but also as [ku-ri-su-ta-ru-ku-ri:-n], because they focus their attention on the first half, i.e. “CRYSTAL CLEAN” in the trading situation where a quick decision is needed.
-　There will be no reason that consumers put their attention solely on “CRYSTAL”.　Accordingly, the applied-for mark does not have the sound of [ku-ri-su-ta-ru] and the meaning of crystal.

And so the Board reversed the refusal.