EMAIL: info@okeno-ip.jp
No. 143; Section 3-1-5: indistinctiveness refusal;
registrability of a mark composed of one alphabet and numeral;
Appeal No. 2015-1303 (April 30,
2015)
Bottom line: The Board found that “V11” logo is inherently distinctive for pharmaceutical
preparations, etc. in Class 5.
The applicant sought
registration of “V11” logo shown below for pharmaceutical preparations, etc. in
Class 5.
<Applied-for
mark>
The applied-for mark is
composed of an alphabet “V” and a numeral “11”.
The examiner noted that the mark merely is a very simple and common sign
because “V” and “11” are commonly used to indicate a type or model code of goods
and the mark as a whole is represented in a common manner. Accordingly, the examiner found that the mark
falls under Section 3-1-5 and refused the application.
The Board analyzed the
applied-for mark and found as follows:
- “V” is composed of a
bold vertical line and a thin diagonal line extending from the bottom of the
bold line, and both lines end with serif.
“11” is approximately three-fifths as high as “V” and is closely placed
thereto. The applied-for mark as a whole
is unified.
- The applied-for mark
will not be regarded as a type or model code of goods due to its
stylization. Also, no proof was found
that the mark is commonly used as a type or model code of goods in the relevant
industry.
- Therefore, the
applied-for mark is capable of functioning as a source
identifier.
And so the Board
reversed the Examiner’s decision and granted registration of “V11”
logo.
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