2022.04.27
The JPO appeal examiners concluded that “e-CONNECT” and “CONNECT” are dissimilar.
April 27, 2022
Noriko Yashiro
Appeal number | Rejection 2021-009795 (JP Appl. No. 2019-129668) |
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Case summary | The applied-for-trademark “e-CONNECT” and the cited trademark “CONNECT” are dissimilar because there is no likelihood of confusion of the trademarks as a whole in appearance, sound, and meaning. Thus, the applied-for-trademark “e-CONNECT” is allowed to be registered. |
Date of decision | March 10, 2022 |
Demandant (Applicant) | Tokio Marine & Nichido Fire Insurance Co., Ltd. |
Trademark(s) |
Applied-for-trademark: e-CONNECT |
Designated Goods/Services and Class(es) |
Designated services of the applied-for-trademark: Designated services of the cited trademark: |
Judgement |
(1) Applied-for-trademark: The applied-for-trademark consists of the letter string “e-CONNECT” in standard characters. It is a combination of plain words “e-” meaning “electronic, online, Internet” and “CONNECT” meaning “to join, link (two or more things)” and others. It is cohesive as a whole in appearance because there is no spacing between “e-” and “CONNECT”. It could be naturally pronounced in a breath, as a whole. Further, it is reasonable to say that traders and consumers should perceive “e-CONNECT” as a cohesive, coined word as a whole because it is difficult to say that “e-” indicates quality in field of the designated services and that there is a difference between “e-” and “CONNECT” in degree of distinctive character and because there is no reasonable reason to disregard the portion “e-”. With the above in mind, it is reasonable to say that the applied-for-trademark should be pronounced as “e-CONNECT” and should have no specific meaning attached to it. (2) Cited trademark: The cited trademark consists of the letter string “CONNECT” in standard characters. It should be pronounced as “CONNECT” literally and should have meaning “to connect”. (3) Comparing trademarks: As for appearance, it is possible to distinguish the applied-for-trademark from the cited trademark clearly because there is a difference in portion “e-” at the beginning of the applied-for-trademark. As for sound, it is possible to distinguish the applied-for-trademark from the cited trademark clearly because there is a difference in sound “e-” at the beginning of the applied-for-trademark. As for meaning, there is no likelihood of confusion because the applied-for-trademark has no meaning and because the cited trademark has a meaning of “to connect”. With the above in mind, it is reasonable to says that the applied-for-trademark and the cited trademark are dissimilar because there is no likelihood of confusion of the trademarks as a whole in appearance, sound, and meaning. (4) Conclusion: The applied-for-trademark should be registered because it is dissimilar to the cited trademark regardless of similarities of designated services. |
Comments |
The applicant cited the following registrations to show that they were considered dissimilar because of differences of “e-” or “E-” at the beginning of the trademarks: – “E-STAGE” and “Stage” |