Clean Energy (Standard characters)

Distribution of electricity; providing information relating to the distribution of electricity; consulting relating to the distribution of electricity; in class 39

The applied-for-trademark consists of letter string “Clean Energy” in standard characters. The JPO recognized that the letter string and its corresponding katakana pronounced as “Clean Energy” mean energy (wind power, solar thermal, geothermal power, wave power, etc.) that does not cause environmental pollution by waste (hazardous substances) according to a dictionary as mentioned separately (the detailed is omitted).

Such energy is called as “Clean Energy” and clean energy has generated electricity broadly in the field of energy relating to the designated services. Additionally, electricity generated by “clean energy” is also called “clean energy”. Additionally, electricity generated by clean energy has been supplied [to consumers].

With the above in mind, it is reasonable to say that if the applied-for-trademark is used on the designated services, traders and consumers should perceive the applied-for-trademark “Clean Energy” as merely indication of quality of services – “services relating to electricity generated by clean energy”, that is, “distribution of electricity generated by clean energy; providing information relating to the distribution of electricity generated by clean energy; and consulting relating to the distribution of electricity generated by clean energy”. The JPO determined, then, that the applied-for-trademark consists solely of a mark indicating quality of the services in a common manner.

Thus, it was judged that the applied-for-trademark should not be registered because it would indicate quality of services in a common manner for the above-mentioned services and/or misleads as to quality of services for the other than the above-mentioned services.

The applicant made arguments that the designated services do not indicate quality of services directly and specifically because electricity itself does not contain impurities.