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Bottom line: The Board found TIVOLI is not descriptive with respect to confectionery, etc.

Following to our previous report (No. 111), the Board made another decision in connection with TIVOLI mark.  This case regards to inherent distinctiveness of the mark.

K.K. Tivoli sought registration of TIVOLI for tea, coffee, cocoa, confectionery, etc. in Class 30.  The examiner raised an objection that the mark is merely descriptive as Tivoli is a town in Lazio, Italy, and it indicates the origin of the goods.

The Board referred to a dictionary, according to which Tivoli is a town in Lazio, Italy, and an amusement park in Copenhagen, Denmark.  Neither the Italian town name nor the name of the amusement park is familiar and widely known to Japanese consumer.  The Board did not find any reference that Tivoli is used in the relevant industry to indicate the origin of goods. 

Accordingly, the Board found TIVOLI is not descriptive and reversed the examiner’s refusal.