EMAIL: info@okeno-ip.jp
No. 115; Section 4-1-11: confusing similarity refusal;
stylized SORA v. SORA;
Appeal No. 2013-22798 (October 1,
2014)
Bottom line: The Board found that highly stylized SORA is distinguishable from
SORA.
The applicant filed
an application for stylized SORA shown below designating bags and clothing. The examiner refused to register the mark,
citing two prior registrations for SORA designating retail/wholesale services
for clothing and one prior registration for SORA in Chinese character and
hiragana designating bags.
<Applied-for
mark>
The
Board acknowledged that the applied-for mark and the cited marks share the
identical sound [so-ra], but in view of the significant visual difference, the
marks are not confusingly similar in appearance. Further, the applied-for mark does not bear
any particular meaning and thus the marks are not comparable semantically. Overall, the Board noted that the applied-for
mark gives significantly different impression, recollection and association from
the cited marks and concluded that the applied-for mark is not confusingly
similar to any of the cited marks.
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