We are a boutique IP firm located in Osaka, Japan, specializing in trademark, design, specific unfair competition and copyright matters.

Bottom line: The Board found that “gb” logo is not confusingly similar to “gb♥” logo.

The applicant filed an international trademark application for “gb” logo shown below designating vehicles for locomotion by land, air, water or rail, pushchairs, etc. in Class 12, bassinettes, infant walkers, etc. in Class 20 and toys, bar-bells, etc. in Class 28.  The examiner refused to register the mark, citing “gb♥” logo also shown below for home video game machines, electronic circuits and CD-ROMs recorded with programs for hand-held games with liquid crystal displays, protective helmets for sports etc. in Class 9.

<Applied-for mark>

<Cited mark>

Part of the designated goods of the applied-for mark is similar to those of the cited mark, for example, toys in Class 28 are similar to home video game machines in Class 9.  So the question is whether the marks are distinguishable or not.

The Board reviewed the case and found as follows:

<As for the applied-for mark>
- The applied-for mark is composed of uniquely stylized “g” and “b”, which are placed closely to each other.  The mark will be regarded as a kind of logo mark.
- The mark will be pronounced [ji:-bi:] and have no particular meaning.

<As for the cited mark>
- The cited mark is composed of “g”, “b” and “♥”(heart device).  Each element is written in equal-size and non-characteristic font.  Thus, the mark is unified as a whole in appearance.
- A heart device is pronounced [ha:-to (heart)], and [ra-bu (love)] as well nowadays.  Accordingly, the mark as a whole will be pronounced [ji:-bi:-ha:-to] or [ji:-bi:-ra-bu].
- The mark is pronounced [ji:-bi:] as well as [ji:-bi:-ha:-to] or [ji:-bi:-ra-bu].  The mark as a whole has no particular meaning, however the heart device of the mark may raise a meaning “heart”.

<Comparison>
- The applied-for mark and the cited mark are significantly distinguishable in appearance.
- The cited mark can be pronounced in 3 ways, two of which are apparently different from the applied-for mark.
- The marks are not similar in meaning because the cited mark may have the meaning “heart”.
- Considering these factors comprehensively, the marks are not similar to each other.

And so the Board reversed the refusal, and allowed “gb” logo to coexist with gb♥.