EMAIL: info@okeno-ip.jp
No.172; Section 3-1-3: descriptiveness refusal;
BABY-DRY for disposable babies' diapers, etc.;
Appeal No. 2015-16017
(March 23, 2016)
Bottom line: The Board found BABY-DRY is not
descriptive for disposable babies' diapers, etc.
The applicant sought
registration of BABY-DRY designating
disposable babies' diapers, etc. in Class 5 and handkerchiefs of paper, etc. in
Class 16.
The examiner refused to
register the mark because the applied-for mark merely indicates that the goods
are dry and for babies, and when used for the designated goods, it does not
function as a source identifier.
The
Board reviewed the case and found as follows.
Each word of the applied-for mark has specific meaning, but the
combination thereof does not have a particular meaning or indication of the
quality of goods. And, the Board did not
find descriptive use of the applied-for mark in connection with the designated
goods.
Accordingly, the Board
found BABY-DRY is not descriptive
and reversed the examiner’s refusal.
Dojima NS Bldg. 3F, 2-1-18, Dojima
Kita-ku, Osaka 530-0003 Japan
TEL: +81-6-6343-8401
FAX: +81-6-6343-8402
Email: info@okeno-ip.jp