[Trademarks / JPO decision] Appeal No. 2024-7278
更新日:53false39 GMT+0000 (Coordinated Universal Time)
Article information
Type: Administrative decision note
Category: Trademarks
Topics: Trademark similarity
First published on this site: 2026-10-09
Case / source information: Appeal No. 2024-7278
Display and classification checked: 2026-10-09
[Trademarks / JPO decision] Appeal No. 2024-7278
*The mark at issue, described as having the same spelling as the cited mark with only the design changed, was held dissimilar!
(Excerpt from the decision, translated)
(1) The applied-for mark
As shown in Appendix 1, the mark consists of a device above the lettering “COnnECT” (with the inside of the “O” colored yellow).
The device and lettering do not overlap and are spaced apart, so they are observed as visually separate. The device does not immediately suggest any specific object, and no conceptual connection with the lettering can be found. It is therefore difficult to regard the components as so inseparably combined that observing them separately would be unnatural in trade. Rather, each can function as an essential part identifying the goods and services of one undertaking as distinct from those of others.
The mark therefore produces the pronunciation “Konekuto” from its lettering, one of its essential parts, and concepts such as “join” or “connect” (Basic Genius English–Japanese Dictionary, 2nd ed., Taishukan Shoten).
(2) The cited mark
As shown in Appendix 3, the cited mark consists of “&connect” written horizontally with letters of the same size aligned along the bottom. Although “&” is slightly stylized in white within a black square, it is placed close to “connect,” and the mark is perceived and understood as an indivisible whole.
“&connect” is not an established dictionary expression and does not immediately suggest any particular meaning in relation to the designated services, so it is perceived as a coined term.
Accordingly, the cited mark produces only the pronunciation “Ando Konekuto” and no specific concept.
(3) Similarity between the marks
Comparing the applied-for mark and its essential part with the cited mark, there are clear differences in appearance, including the presence or absence of the device and the constituent lettering, making them readily distinguishable.
The pronunciation “Konekuto” of the applied-for mark and “Ando Konekuto” of the cited mark differ in the number and identity of their sounds and are readily distinguishable aurally.
Conceptually, the applied-for mark conveys ideas such as “join” or “connect,” whereas the cited mark has no specific concept. They are therefore not likely to be confused conceptually.
Accordingly, the two marks should be regarded as dissimilar, with no risk of confusion in appearance, pronunciation or concept.
Figures: see the original article.
Original article (2025-09-22):
Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7513752517005123584/
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