Decision: keep the registration.
adopts after grant opposition system Japan
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 decisionThe 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.