Pumps and their parts and fittings; and others; in class 7
Computer programs; and others; in class 9
Water purifying apparatus; and others; in Class 11
Repair or maintenance of pumps; and others; in Class 37
Telecommunication; and others; in Class 38
Providing computer programs on data networks; and others; in Class 42

The applied-for-trademark consists of letter string “SUSTAINABLE PUMP” in standard characters. It is understood that the trademark is a combination of “SUSTAINABLE” and “PUMP”, though the trademark is indicated in the same font and size at equal intervals.

“SUSTAINABLE” means “able to be upheld, especially industry and development that are preserving the global environment”. “PUMP” means “water feeders; pumping-in and pumping-out; pumping actions”. Both are familiar words and both indicated in katakana are familiar as well. We can confirm that “SUSTAINABLE in katakana” is especially used to express consideration for natural environment in addition to the above.

Further, we can confirm that environmentally friendly pumps with energy-saving effect are manufactured and sold by using the word “SUSTAINABLE in katakana” and that it is common to indicate “SUSTAINABLE XX in katakana” to express environmentally friendly products. Thus, the applied-for trademark is recognized as “environmentally friendly pumps with energy-saving effect, etc.” as a whole.

With the above in mind, if the applied-for trademark is used on the designated goods “pumps” and the designated services “telecommunication and providing computer programs on data networks for pumps control, etc.”, traders and consumers would merely understand that the goods and services are “environmentally friendly goods and services with energy-saving effect, etc. in connection with pumps”. Thus, the applied-for trademark indicates only the quality of goods and services in a common manner.

Meanwhile, if the applied-for trademark is used on the goods and services other than “environmentally friendly goods and services with energy-saving effect, etc. in connection with pumps”, the applied-for trademark is likely to mislead as to quality of the goods or services.

Thus, the applied-for-trademark should not be registered.

The applicant recited the following earlier-registered trademarks containing “SUSTAINABLE” and unsuccessfully argued that “SUSTAINABLE XX” is considered distinctive:

• JP Reg. No. 6292329 “Sustainable Diamond” (Semi-wrought precious stones and their imitations; and others; in Class 14)
• JP Reg. No. 6546441 “Sustainable Pad” (Stationery; in Class 16)
• JP Reg. No. 6623812 “SUSTAINABLE DISPENSER” (Painting machines and apparatus and their parts and fittings; and others; in Class 7)