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Bottom line: The Board found “E-VOLUTION” not similar to stylized “evolution”.

The applicant filed an application for “E-VOLUTION” in standard character designating navigation apparatus for vehicles in Class 9.  The examiner refused the application on the ground that the applied-for mark is confusingly similar to stylized “evolution” covering telecommunication machines and apparatus in Class 9. 

<Cited mark>

“Navigation apparatus for vehicles” in the application is included in the category of “telecommunication machines and apparatus” designated in the cited registration.  So, the question is whether the marks are distinguishable or not.

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

<As for the applied-for mark>
- The applied-for mark is presented in same font (standard character) and size, and “E” and “VOLUTION” are connected by a hyphen.
- “E” in the applied-for mark will be regard as a prefix of “electronic” in terms of the designated goods “navigation apparatus for vehicles”.  On the other hand, “VOLUTION” is a dictionary word meaning “rotating motion”, but is not a familiar word in Japan.
- The Board finds no special circumstance that the hyphen should be omitted.
- Therefore, the applied-for mark is a coined word having no particular connotation, and the sound [i:-bo-ryu:-sho-n] will be derived from the mark as a whole.

<As for the cited mark>
- Although “e” in the cited mark is stylized, “e” and “volution” is presented in same font, size and interval.  Thus, the cited mark will appear unified.
- The cited mark is a dictionary word and is pronounced as [e-bo-ryu:-sho-n].

<Comparison>
- The applied-for mark is obviously different from the cited mark in appearance.
- Comparing both marks in sound, there is a difference of [i:] and [e] at the beginning of the marks, which makes the tone different.
- The applied-for mark has no connotation, while the cited mark has the particular meaning.
- Therefore, both marks are not confusingly similar in appearance, sound and meaning.

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