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Bottom line: The Board reversed indistinctiveness refusal of a figure mark consisting of two colors for electric lamps and other lighting apparatus.

The applicant sought registration of a mark consisting of two colors shown below for electric lamps and other lighting apparatus in Class 11.

<Applied-for mark>

The examiner found the mark inherently indistinctive, noting that the mark consists of a horizontally long two-toned rectangular of orange and blue without any characteristic composition.  Thus, the traders / consumers will not recognize it as a source identifier.

The Board observed the mark and found that the mark consists of a blue square combined with a red rectangular having the same height and aspect ratio 3:4.  Those who see the mark will recognize it as a horizontally long rectangular of aspect ratio 3:7.

Accordingly, the applied-for mark will be perceived as a figure mark consisting of horizontally long rectangular in two colors, and it is inherently distinctive.

And so the Board reversed the refusal.

<note>
It should be noted that a color mark i.e. a mark consisting solely of color(s), is not registrable in Japan under the current Trademark Act.  That is why the examiner and the Board expressly recognized the applied-for mark as a “figure mark consisting of rectangular”.  The Trademark Act has been amended to allow registration of nontraditional marks such as color and sound, and it is expected that the amended Act will come into effect in early 2015.