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Bottom line: The Board found that “THUN logo” is inherently distinctive for ceramics for household purposes, ceramic tableware, glass tableware, etc. in Class 21 and is not misdescriptive of the quality.

The applicant filed a trademark application for “THUN logo” shown below designating ceramics for household purposes, ceramic tableware, glass tableware, etc. in Class 21. 

<Applied-for mark>

The examiner refused the application on the ground as follows:

- The applied-for mark consists of underlined “THUN” in a square frame.  THUN is the name of a city in Bern canton, Switzerland.  Accordingly, consumers merely recognize that the goods bearing the mark are made or designed in Thun.  Therefore, the mark is not distinctive and is likely to be misdescriptive of the quality of goods when used for goods other than those made or designed in Thun.

The Board observed the applied-for mark and found as follows:

- “THUN” of the applied-for mark surely is the name of a city in Bern canton, Switzerland. However, the city THUN is not so well known in Japan.  Consumers and traders in Japan will not regard THUN as the name of a city.
- Moreover, “THUN” is set within the square frame and underlined.  All parts appear unified, and the mark as a whole will function as a source identifier.
- Overall, the mark is inherently distinctive and is not likely to be misdescriptive.

And so the Board reversed the refusal, and the application for “THUN logo” was granted for registration.