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Bottom line: The Board found that “RISING SUN” is not confusingly similar to “SUNRISE” and that confusion is not likely between the marks.

Asahi Group Holdings, Ltd. filed a trademark application for “RISING SUN with its transliteration in katakana” designating fruit wines, western liquors, Japanese liquors, etc. in Class 33 and beers, etc. in Class 32, which matured into registration.  Viña Concha y Toro S.A. filed an opposition against the registration on the ground that “RISING SUN with its transliteration in katakana” is confusingly similar to its own prior mark “SUNRISE with its transliteration in katakana” covering the identical goods in Class 33 and that it is likely to cause confusion as to the origin of goods.

The Board reviewed the evidences submitted by the opponent and found as follows:

1.  As for the well-knownness of the cited mark

Based on the opponent’s evidences, the Board confirmed the fact that the opponent is a winery company founded in Chile in 1883, produces a wide variety of wine including “SUNRISE” brand and exports them worldwide, and has been selling “SUNRISE” wine in Japan since 1997.  The Board recognized that “SUNRISE” wine became well-known among Japanese consumers and traders before the application date of the opposed mark and remains so to date.

2.  As for the similarity between the opposed mark and the cited mark

<Regarding the opposed mark>
The opposed mark is literally pronounced as [ra-i-zi-n-gu-sa-n].  Both “RISING” and “SUN” are plain words and commonly-known in Japan.  “RISING SUN” means the morning sun.

<Regarding the cited mark>
The cited mark is literally pronounced as [sa-n-ra-i-zu].  The cited mark is also a plain word and has a meaning of natural phenomenon accompanying the daily appearance of the sun or morning glow.

<Comparison>
- The opposed mark and the cited mark are fully distinguishable in appearance as the spelling differs from each other.
- The marks are fully distinguishable in sound too as the order and number of the sound differ from each other.
- The marks are distinguishable in meaning.
- Therefore, the marks are not similar.  The opposed mark does not fall under Section 4-1-11 and 4-1-10 of Trademark Act.

3.  As for likelihood of confusion

The cited mark is well-known in Japan for wines.  However, the marks are different enough that there is no likelihood of confusion as to the origin of goods.  Thus, the opposed mark does not fall under Section 4-1-15 of Trademark Act.

And so the Board dismissed the opposition.