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

Bottom line: The Board reversed refusal of stylized Suda for musical instruments, etc.

The applicant filed an application for a stylized Suda shown below designating musical instruments, tuning forks, etc.

Section 3-1-4 of Japanese Trademark Act provides that a trademark consisting solely of a common surname or name of a juridical person in a common manner is not registrable.  Suda is a common Japanese surname, and the issue here is whether the applied-for mark is represented in a common manner.

[Applied-for mark]

The Board viewed that the applied-for mark is represented in allegro-script like font and the tail of the last alphabet “a” forms a circular pattern upward, which is quite unique.  Therefore the applied-for mark is not represented in a common manner and is inherently distinguishable with its unique appearance.

And so the Board reversed the refusal and granted the registration of the stylized Suda.