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 “GUMPEACE and its transliteration in katakana” is not similar to “G・u・m” logos and is not likely to cause confusion.

*Please refer to No. 159 case as well, in which the outcome is opposite.

The applicant filed a trademark application for “GUMPEACE and its transliteration in katakana” designating breath freshening preparations, dentifrice, etc. in Class 3, which was registered without office action.  Sunstar Group filed an opposition against the registration.  The opposition grounds were that “GUMPEACE and its transliteration in katakana” is confusingly similar to its own prior marks “G・u・m” logos shown below and that it is likely to cause confusion as to the origin of goods.

<Prior marks (Cited marks)>

Based on the evidences submitted by the opponent, the Board recognized as follows:

- The cited marks were well-known about oral care products including dentifrices to Japanese consumers and traders at the time when the opposed mark was applied for and registered.

- The opposed mark “GUMPEACE” is unified as a whole because “PEACE” is not descriptive for breath freshening preparations and dentifrice and will not be omitted from the mark.

- The opposed mark is not similar to the cited marks and is not likely to cause confusion with them.

And so the Board dismissed the opposition.