PASTEL MASK (Standard characters)

Sanitary masks for personal use in class 5

The applied-for-trademark consists of letter strings “PASTEL MASK” in standard characters. The portion “PASTEL” has a meaning of “pastels [crayons]; drawings in pastel” and others, and the portion “MASK” has a meaning of “masks; masks for surgical or protective” and others. The English word “PASTEL” is listed as a common word having a meaning of “dry paints for western-style painting” and the word “MASK” is listed as a common word having a meaning of “masks; the thing that covers nose and mouth to protect from disease, dust, and others” in Japanese dictionaries.

The appeal examiners did not find that “PASTEL MASK” had been commonly used as an indicator of pastel-colored sanitary masks for personal use. The examiners also did not find that the wording “PASTEL” had been commonly used as an indicator of quality and other such characteristics, e.g., pastel-colors, directly in the field of the designated goods. In addition, the appeal examiners did not find any circumstances to determine that traders and consumers should recognize “PASTEL MASK” as an indicator of quality and other such characteristics of the goods.

Thus, it is reasonable to consider that the combined “PASTEL MASK” does not have any specific meaning directly and that it would likely be considered a coined word in the field of the designated goods “sanitary masks for personal use” in class 5.

In the examination stage, the applicant adduced the following registered trademarks containing “PASTEL” or “PASTEL in Katakana” and argued that they were considered distinctive in connection with colored goods:

– “PASTEL and PASTEL (in Katakana)” (Reg. No. 598448)
Designated goods: Shoes and boots (other than shoe dowels, shoe pegs, shoe handles, hobnails and shoe protective metal members); and others in class 25

– “PASTELSTONE (in Katakana)” (Reg. No. 5702765)
Designated goods: Building stone in class 19