[Trademarks / JPO decision] Appeal No. 2024-11680
Updated: 1 day ago
Article information
Type: Administrative decision note
Category: Trademarks
Topics: Trademark similarity
First published on this site: 2026-10-09
Case / source information: Appeal No. 2024-11680 / Appeal No. 2024-10278 / Appeal No. 2024-10716
Display and classification checked: 2026-10-09
[Trademarks / JPO decision] Appeal No. 2024-11680
*Applied-for mark: “SENJYU”; cited mark: “千寿” (Senju).
→ Dissimilar.
Note: The appellant sells products including “Kubota Senju.”
*Appeal No. 2024-10278
Applied-for mark: “MANJYU”; cited mark: “万寿” (Manju).
→ Dissimilar.
*Appeal No. 2024-10716
Applied-for mark: “HAKUJYU”; cited mark: “白寿” (Hakuju).
→ Dissimilar.
(Excerpt from the decision, translated)
(1) The applied-for mark
The mark consists of “SENJYU” in standard characters. It is not an established word listed in dictionaries.
“JYU” does not follow the romanization generally used in Japan (see the Agency for Cultural Affairs, “Romanization: Tables 1 and 2,” https://lnkd.in/gvK4eB6P). However, the configuration produces the pronunciation “Senju.”
“SENJYU” should therefore be perceived as a coined term conveying no specific meaning. The mark produces the pronunciation “Senju” corresponding to its lettering, but no particular concept.
(2) The cited mark
As shown in the appendix, the cited mark consists of “千寿” written horizontally in a Gothic-style typeface.
Although it is not an established dictionary word, as the examiner explained and the appellant acknowledged in its grounds of appeal, the meanings and actual usage of the constituent characters “千” (thousand) and “寿” (longevity), among other factors, can suggest a meaning roughly equivalent to “living a long life.”
The expression may be read “Senju,” following examples such as “万寿,” read “Manju” or “Banju,” and “米寿,” read “Beiju.”
Accordingly, the cited mark produces the pronunciation “Senju” and may convey the concept of “living a long life.”
(3) Similarity between the marks
In appearance, the scripts and numbers of characters differ, and the marks can immediately be understood as expressing different terms. They can therefore be clearly distinguished visually. It is true that in trade, the characters in a mark are commonly converted into another script while retaining the same pronunciation. However, as explained in (1), under romanization generally used in Japan, the sound “ju” is spelled “ju” in Hepburn romanization or “zyu” in Kunrei-shiki. The applied-for mark therefore cannot immediately be regarded as a romanization of a Japanese word pronounced “Senju.” It is not merely a conversion of the cited mark’s “千寿” into Roman letters; it is properly regarded as a different mark.
The marks have the same pronunciation, “Senju.”
Conceptually, the applied-for mark has no specific concept, whereas the cited mark may convey “living a long life,” so they are not likely to be confused in this respect.
Although identical in pronunciation, the marks are clearly distinguishable in appearance and are not likely to be confused conceptually. There is no evidence that traders and consumers identify the designated goods and their origin exclusively by pronunciation, or that distinctiveness through pronunciation outweighs that through appearance and concept. Considering their overall impressions and the memories they leave, the marks should be regarded as dissimilar, with no likelihood of confusion as to the origin of the goods.
Figures: see the original article.
Original article (2025-09-21):
Originally posted on LinkedIn:
Part 1: https://www.linkedin.com/feed/update/urn:li:activity:7513751892469051393/
Part 2: https://www.linkedin.com/feed/update/urn:li:activity:7513752212238499840/
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