2011年6月24日金曜日

Abercrombie's deer mark is not well known in Japan?

Opposition 2010-900177
Decision: keep the registration.
           * Japan adopts after grant opposition system

Owner of the mark: Urban Elk SPS.
Opponent: Abercrombie & Fitch Europe SA.
Class 18 Bags and the like, etc.

Reason of the opposition
Since the present mark is similar to the cited trademark which has been well known to the Japanese customers and this application was filed with a purpose of dishonest benefit, the present trademark right shall be canceled.

Reason of decision
The cited trademark was not deemed as well-known mark at the filing date of the present trademark (September 7, 2009), and the present trademark is deemed as NOT similar to the cited trademark in appearance, pronunciation and connotation. In addition, there are no evidences showing that the present trademark is used for the purpose of dishonest benefit, such as penalizing to Abercrombie & Fitch. Consequently, the present mark does not fall under Trademark Act Section 4 (1)19.

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