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 “Be You” not similar to “BEYU”.

The applicant filed an application for “Be You” designating hand creams, facial cleansing creams, bath powders.  The examiner refused registration deeming the applied-for mark confusingly similar to “BEYU” designating various cosmetics.

The Board found that the applied-for mark has the sound [bi:-yu:] and the meaning as it is in English.  On the other hand, the Board found that the cited mark has the sound [be-yu] or [be-yu:] or the pronunciation of each alphabet [B-E-Y-U], and no specific meaning as it is a coined-word.  Comparing the two marks, the Board recognized that the marks are different in appearance, significantly distinguishable and not confusingly similar in sound, and also not similar in meaning.

And so the Board reversed the refusal.

 

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