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 “épiler” not descriptive nor misdescriptive for soaps and detergents, cosmetics.

The applicant filed a trademark application for “épiler” designating soaps and detergents, cosmetics.

<Applied-for mark>

The Examiner recognized as follows and refused the application: 

-       The applied-for mark, “épiler” is represented in a common manner, and is a French word meaning “depilate”.  Further, the designated goods include depilatories.

-       Therefore, the mark merely show the uses, effect and quality of goods when used to, for example, depilatories, depilatory wax, depilatory cream, depilatory lotion, 　depilatory oil.  Also, the mark is misdescriptive for other goods.

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

-       Consumers will not immediately recognize that the mark means “depilate” in view of popularity of French language in Japan.

-       “Datsumou (a Japanese word for “épiler”)” is commonly used for depilatory goods.

-       The Board did not find any proof that “épiler” is commonly used in the cosmetic industry to describe the quality of goods.

-       The Board recognized that the mark is not descriptive nor misdescriptive for the designated goods.

And so the Board reversed the refusal and granted the registration of the applied-for mark..