EMAIL: info@okeno-ip.jp
No. 151; Section 3-1-6: indistinctiveness refusal;
registrability of a mark composed of two alphabets;
Appeal No.
2015-650002 (June 24, 2015)
Bottom line: The Board found that “MC” logo is inherently distinctive for electric contacts,
switches, etc. in Class 9.
The applicant filed an
international application for “MC” logo shown below designating electric
contacts, switches, etc. in Class 9.
<Applied-for
mark>
The examiner recognized
that the applied-for mark is not capable of functioning as a source identifier
because of the reasons below, and refused the application under Section 3-1-6 in
the Trademark Act:
- The mark is composed
merely of two alphabets “MC” and a red rectangular
background.
- “MC” is often used to
indicate a type or model code of goods, while the red rectangle is simple and
common.
The Board reviewed the
case and found as follows:
- “MC” is written
significantly in bold letter, and “M” and “C” contact with each other. Accordingly, “MC” is regarded as a
monogram.
- “MC” is placed at the
bottom-left in the red rectangle. The
placement of “MC” is characteristic.
- The mark as a whole
is inherently distinctive for the designated goods.
- Besides, the
applicant has been using the mark to some extent.
- Taking the
circumstances into consideration, the mark may be capable of functioning as
source identifier.
And so the Board
reversed the Examiner’s decision and granted registration of “MC”
logo.
Please also refer to the case No. 132, “GU” logo.
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