[Trademarks / JPO decision] Appeal No. 2024-5257
Updated: 3 days 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. 2024-5257
Display and classification checked: 2026-10-09
[Trademarks / JPO decision] Appeal No. 2024-5257
*The applied-for mark, which added “The” to the cited mark and used a stylized design, was held dissimilar.
(Excerpt from the decision, translated)
A. The applied-for mark
As shown in Appendix 1, the mark consists of a device on the left, prominently large lettering “THE CLASSICA” to its right, and smaller lettering “omotesando” below. The components are spaced apart and differ in form (device versus letters and differences in letter size), giving a visually separate and independent impression.
The device does not appear to depict any specific object and gives rise to no independent pronunciation or concept.
“omotesando” is the romanized spelling of Omotesando, meaning “the main approach to Meiji Shrine; also, the surrounding area” (Kojien, 7th ed., Iwanami Shoten), and indicates a place where services are provided. Together with its small, subsidiary presentation on a separate line, this means it produces no pronunciation or concept as an independent indication of origin.
By contrast, the prominently large “THE CLASSICA” lettering is presented as a coherent whole in the same typeface, with the initial letters of “THE” and “CLASSICA” slightly larger and the other letters of equal size. Its pronunciation, “Za Kurashika,” can naturally be spoken as a continuous expression.
“THE” is the English definite article. “CLASSICA” is an Italian word meaning, among other things, a traditional sporting event (Italian–Japanese Dictionary, 2nd ed., Shogakukan), but it cannot be said to be generally well known in Japan and would be perceived as a coined term without a specific meaning. The combination as a whole is not an established dictionary word and does not immediately suggest any particular meaning in relation to the designated services, so it too is perceived as a coined expression.
Given this configuration and pronunciation, the lettering should be understood and perceived as an indivisible whole, rather than as something in which attention would focus particularly on “CLASSICA” alone.
Accordingly, “THE CLASSICA” gives traders and consumers a strong and dominant impression as an indication of the origin of the services, while the other components produce no pronunciation or concept as indications of origin. It is therefore permissible to separate and extract that lettering as the essential part and compare it with another person’s mark in assessing similarity of the marks themselves.
Thus, the applied-for mark produces the pronunciation “Za Kurashika” corresponding to its essential part, and no specific concept.
B. Cited Mark 1
As shown in Appendix 2, Cited Mark 1 consists of “クラシカ” and “CLASSICA” in two ordinary lines. The upper katakana lettering would naturally be understood as indicating the pronunciation of the lower Roman lettering.
“CLASSICA” should be perceived as a coined term with no specific meaning.
Accordingly, Cited Mark 1 produces the pronunciation “Kurashika” and no specific concept.
C. Similarity between the applied-for mark and Cited Mark 1
Comparing the applied-for mark and its essential part with Cited Mark 1, there are clear differences in appearance, including the presence or absence of the device and the constituent lettering, making them readily distinguishable.
Their pronunciations differ in the number and identity of their sounds and can readily be distinguished aurally.
Neither gives rise to a specific concept, so no conceptual comparison is possible.
Even though they cannot be compared conceptually, they can readily be distinguished visually and aurally. The two marks should therefore be regarded as dissimilar.
Figures: see the original article.
Original article (2025-09-19):
Originally posted on LinkedIn:
Part 1: https://www.linkedin.com/feed/update/urn:li:activity:7513751385255911425/
Part 2: https://www.linkedin.com/feed/update/urn:li:activity:7513751532719464448/
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