Rejection 2023-12932 (JP Appl. No. 2022-93182)

  The applied mark “Bamboo+” consists of the elements “Bamboo” and “+.”  Further, the term “Bamboo” refers to “a tall plant with hard, hollow stems.”  Furthermore, the symbol “+” represents the concept of addition.  Additionally, the Examiner has recognized that the industry associated with the designated goods of the trademark application deals in products made from combination of plastics and bamboo.
  Therefore, the Examiner refused the registration of the “Bamboo+” trademark application on the grounds that it lacked sufficient distinctiveness.
  However, the appeal trial Examiners have judged that the Examiner’s judgement is incorrect, concluding that the applied mark possesses sufficient distinctiveness.

April 4, 2024

(the applied mark)

Bamboo+  (standard characters)

(Applied Mark: JP Appl. No. 2022-93182)
  Plastics [raw materials] mixed with bamboo powder in Class 1.

  The applicant’s motive to place the “+” symbol next to the word “Bamboo” is unclear.  Further, the overall applied mark does not convey a specific meaning.  Furthermore, the applied mark has not been used in the industry dealing with the designated goods of the trademark application.  Additionally, neither traders nor consumers in this industry have recognized the applied mark as a distinctive identifier for the applicant’s products as compared to others.
  Therefore, the appeal trial Examiners have judged that the applied mark possesses sufficient distinctiveness, and have reversed the Examiner’s decision of refusal.

  Although the applied mark can be recognized as indicating the designated goods based on the actual trading conditions, if neither traders nor consumers in the relevant industry have used the applied mark, the appeal trial Examiners may still recognize its distinctiveness.
  It will be necessary to monitor future decisions by the appeal trial Examiners to determine whether the above-mentioned decision will become a standard practice at the JPO.