Decision: keep the registration.
adopts after grant opposition system Japan
Trademark: swaro beauty (device)
Owner of the mark: (Japanese company)
Opponent: Swarovski AG.
Class 10 Esthetic massage apparatus for household purposes;
Class 11 Electric apparatus for beauty for household purposes
Reason of opposition
Since the present mark contains a word “swaro,” which is equivalent to the well-known abbreviated name of “Swarovski,” registration of the present mark without getting permission by Swarovski AG shall not be registered.
Decision of the oppositionThere is no evidence showing “Swaro” is well known to the public as an abbreviated name of the opponent. In addition, as words “swarobeauty” in the present mark has unity as a whole, it shall not be deemed third party’s abbereviated name is contained in the present mark.