“FINE BLACK” is distinctive and not misleading in connection with the designated goods.

November 1, 2022

NIPPON KINZOKU CO.,LTD.

Iron and steel; iron strip; steel strip; rolled steels; steels and irons in secondary forms; pipes of metal; sheets and plates of metal; steel plates and sheets; steel pipes and tubes; in class 6

The applied-for-trademark consists of letter string “FINE BLACK” in standard characters. The letters are of the same size in the same font and are indicated coherently. The element “FINE” means “good-looking and excellent; subtle and delicately” and the element “BLACK” means “a condition in black color; black color”.

The Appeal Examiners found that “FINE BLACK” in katakana (transliteration of “FINE BLACK”) has been used to indicate one of the qualities (color) of the goods in the field of the designated goods. However, the numbers of such usage was only a few. In addition, the color corresponding to “FINE BLACK” is not listed in the common color names of the JIS (Japanese Industrial Standards). Thus, it is unclear what the color of “FINE BLACK” is, compared with the color of “black” specified by the JIS.

With the above usage situation, it is difficult to say that “FINE BLACK” or “FINE BLACK” in katakana are common as words indicating a specific color to traders and consumers in the field of the designated goods and that “FINE BLACK” or “FINE BLACK” in katakana are readily associated with a specific quality (color) because these words are not listed in popular dictionaries and the above common color names of the JIS.

In addition, the Appeal Examiners did not find that “FINE BLACK” or “FINE BLACK” in katakana has been commonly used in trading to indicate a quality (color) directly and specifically in the field of the designated goods through ex-officio searches. Furthermore, the Appeal Examiners did not find any circumstances to determine that traders and consumers should perceive “FINE BLACK” or “FINE BLACK” in katakana as indications of quality (colors) and the like of the goods.

With the above in mind, it is unreasonable to say that the applied-for-trademark indicates a quality (color) of the designated goods in a common manner and that it misleads as to the quality of the goods.

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

The applicant argued that the applied-for-trademark is considered a coined word as a whole and that the applied-for-trademark is essentially distinctive because the applied-for-trademark is not considered an indication of the colors of the goods by traders and consumers in the field of the designated goods.