Is "swaro" an abbreviation of swarovski?

Opposition 2010-900206

Decision: keep the registration.

           * Japan adopts after grant opposition system

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 opposition

There 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.