2022.11.29
JPO: Trademark “Parallel” Unregistrable – Indistinctive in connection with “Radio communications for consumer entertainment services”
November 29, 2022
Noriko Yashiro
Appeal number | Rejection 2021-016030 (JP Appl. No. 2020-112058) |
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Case summary | The applied-for-trademark should not be registered because it would indicate a quality of services in a common manner for the designated services. |
Date of decision | October 24, 2022 |
Demandant (Applicant) | Parallel Inc. |
Trademark(s) |
Parallel (Standard characters) |
Designated Goods/Services and Class(es) |
Radio communications for consumer entertainment services; in class 38 |
Judgement |
The applied-for-trademark consists of Roman letter string “Parallel” in standard characters. The letter string is widely known as a word meaning “parallel; parallel in electricity.” Thus, it is easy to understand how to read the applied-for-trademark. According to the facts, including evidence provided in the examination stage, “parallel” and “parallel in katakana” are recognized as words meaning “parallel – simultaneous executions of multiple processes or transmissions by multiple entities” in the telecommunications in connection with the designated services and IT industries. In addition, it is recognized that a combination of “parallel in katakana” and “communication in Chinese characters” of the designated services – “parallel communication” – is widely used as a name of a communication method that transmits and receives multiple data using multiple signal lines. With the above in mind, it is reasonable to say that “parallel” is used as a word meaning “parallel communication”, a communication method that transmits and receives multiple data using multiple signal lines and recognized as such by traders and consumers. Thus, it is reasonable to say that the applied-for-trademark “Parallel” is merely recognized as services “radio communications for consumer entertainment services” by a parallel communication method that transmits and receives multiple data using multiple signal lines when the applied-for-trademark is used on the designated services. The JPO determined, then, that the applied-for-trademark consists solely of a mark indicating a 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 a quality of services in a common manner for the above-mentioned services. |
Comments |
The applicant limited the designated services from “telecommunication; communications by computer terminals; message sending; rental of telecommunication equipment; in Class 38, etc.” to “radio communications for consumer entertainment services” in order to attempt to overcome the office action. *The applicant withdrew the subject application on November 22, 2022. |