[Trademarks / Similarity] Reiwa 7 (Gyo-Ke) 10111, “SORA” <Presiding Judge Moritomi>
Updated: 4 hours ago
Article information
Article type: Case note
Categories: Trademarks
Main topics: Similarity of trademarks / Confusion
First published on this website: October 1, 2026
Case reference (as stated in the original): Reiwa 7 (Gyo-Ke) 10111
Display and classification checked: October 1, 2026 (not a revalidation of the legal analysis)
[Trademarks / Similarity] Reiwa 7 (Gyo-Ke) 10111, “SORA” <Presiding Judge Moritomi>
⇒ Similar (separate assessment of figurative and word elements permitted)
(1) Similarity of the marks
Both marks have their figurative and word elements spaced apart; they cannot be said to be so inseparably combined that separate assessment would be unnatural. The figures generate no particular sound or concept, so the word “SORA,” giving a strongly dominant impression as a source identifier, may be extracted as the essential element. Their appearances are close and their pronunciations (sora) identical; thus, the marks are similar.
⇒ In composite figurative/word marks, an abstract figure generating no particular concept creates a high risk that only the word will be extracted as the essential element.
In filing practice, adding a figure to avoid conflict with an existing word mark often still results in similarity unless the two are inseparably combined (for example, by marked stylization of the logotype or overlapping).
(2) Similarity of services
Similarity of designated services is assessed based on actual trade circumstances, including related means and purposes and whether the same business provides them at the same place. Recent trading conditions, such as hair salons providing massage or facial beauty treatments, show that the application's and cited mark's services share the purpose of beauty and in practice overlap in providers and locations. Thus, they are similar regardless of differences in strict definitions under the Beauticians Act.
⇒ In assessing similarity of services, actual trade circumstances, such as combined services in the market (e.g. massage at hair salons), prevail over the presence of national qualifications (beauticians, etc.) or statutory divisions of business scope. Corporate diversification may support a likelihood of confusion even between services formerly considered dissimilar.
Original article: https://lnkd.in/g9sc9a8B
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Updates and corrections
Substantive corrections and additions are recorded separately from classification, related links and display changes.
October 1, 2026: First publication of the author's original LinkedIn text on this website. Article type, categories, topic tags, sources and consultation navigation added.
2026-10-01 | Display maintenance: added case references stated in the original or language-alternate metadata; not a revalidation of legal analysis.
2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.
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