EMAIL: info@okeno-ip.jp
No. 121; Section 3-1-3, 4-1-16: descriptiveness/misdescriptiveness refusal;
KIDS TABLET in katakana for electronic machines and apparatus, etc.;
Appeal No. 2014-4055(November 19, 2014)
Bottom line: The Board found KIDS TABLET in katakana is descriptive for tablet computers for
children and misdescriptive for other goods designated in the
application.
The applicant sought
registration of a word mark in katakana that is transliteration of KIDS TABLET
designating game programs for arcade video game machines; electronic machines,
apparatus and their parts; consumer video game programs, etc. in Class
9.
The examiner refused to
register the mark because the applied-for mark is easily understood to refer to
“tablet computer for children” and such products are indeed distributed in the
market. Therefore, the mark is
descriptive for tablet computers for children and misdescriptive for other
goods.
The Board noted that
the word KIDS in katakana is commonly known to refer to children and also
commonly used to mean “for children”, such as “kids video” or “kids shoes”. The word TABLET is used to refer to tablet
computer in connection with electronic machines and apparatus. Accordingly, the applied-for mark as a whole
merely means tablet computer for children.
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