It is not reasonable to conclude that consumers would recognize “GAME FOR YOU” merely as an advertising phrase and/or a catch phrase in connection with the designated goods/services.

June 21, 2023

Lemon Inc.

GAME FOR YOU (Standard characters)

Computer software; and others; in class 9
Electronic games services; and others; in class 41
Computer programming of video games; and others; in class 42

The applied-for-trademark consists of the letter string “GAME FOR YOU” in standard characters. It is recognized that “GAME” means “a competition; a game” and others and that “FOR” means “intended to be given to” and others and that “YOU” means “the one or ones being addressed” and others.

It is reasonable to say that the applied-for-trademark is associated with a vague meaning “GAME FOR YOU” as a whole for structure of the trademark.

However, the appeal examiners were unable to find that “GAME FOR YOU” has been used as an advertising phrase and/or a catch phrase of goods/services commonly in trading through ex-officio searches.

In addition, the appeal examiners were unable to find any fact on which to base a determination that consumers would perceive “GAME FOR YOU” as an advertising phrase and/or a catch phrase of goods/services. Here, the determination of the appeal examiners was contrary to the examiner’s determination in the examination stage.

Thus, it is not possible to say that consumers would perceive the applied-for-trademark merely as an advertising phrase and/or a catch phrase of the goods/services.

Moreover, the appeal examiners were unable to find any facts to support a theory that consumers would be unable to perceive the applied-for-trademark pertaining to a business of a particular person of the goods/services.

With the above in mind, it is not reasonable to say that consumers would be unable to perceive the applied-for-trademark pertaining to a business of a particular person in connection with the designated goods/services and that the applied-for-trademark is likely to mislead as to quality of the goods/services.

Thus, the applied-for-trademark should be registered.

The applicant recited the following registered trademarks in their appeal to show that even if a certain meaning is perceived from a letter string as a whole, such a trademark is considered distinctive because it is difficult to say that such a trademark succinctly indicates quality and others of goods/services as a catch phrase directly:

– “BODY BY YOU” in class 25;
– “ROOM FOR HOPE” in class 42;
– “Clean for the Future” in class 12;
– “for you, for the earth” in class 12; and
– “Advanced Security for Life” in classes 9, 37, and 45