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Board Decisions of TTAB on Cosmetic Trademarks

Introduction

  1. 1.We are posting the data we have collected over years. Please feel free to use them as reference.
  2. 2.Some figurative trademarks are referred to as normal font in the lists.
  3. 3.As to multiple-class applications, one of the classes is indicated.
  4. 4.The listed cases include Appeal Trials against Examiner’s refusal, Invalidation Trials, Cancellation Trials and Oppositions.
  5. 5.Please note that trademarks which were accepted for registration in the Appeal Trials had been once rejected by a single Examiner at the first examination stage.
  6. 6.Invalidation Trials and Oppositions are filed by third parties after trademarks concerned are once duly registered by the JPO, which means that these trademarks are highly likely to cause problems in actual business.
  7. 7.Some trademarks in Katakana (Japanese script) are transliterated into English.
  8. 8.A parenthesis in Case No. shows "A.D."

Contents

Cosme

Judgments on distinctiveness and similarity of trademarks vary in every industry field. In the cosmetic industry, there are many trademarks including the words such as "veil", "moisture", "water" or "white" which are commonly used in such industry.

It is likely that the Examiners at the first examination stage consider these words to be merely descriptive and therefore these words are excluded from the trademarks in similarity examination. Also the trademarks combined with these words and other descriptive words are considered to be non-distinctive as wholes.

However, in the trial examination thereafter at TTAB, even the same trademarks as above are often considered to be coined words as wholes and registered as distinguishable from other marks or as distinctive trademarks. As a result, there are many registered trademarks which are just slightly different from each other or seems to be rather descriptive.

It is, therefore, very important to know the boundary of the similarity and the distinctiveness between these trademarks and in order to understand the tendency of the decisions by the JPO, we collect the data of board decisions concerning trademarks in the field of cosmetics.

The data are divided into two parts. The 1st part is about distinctiveness and the 2nd part is about similarity of marks. The data of each section are listed alphabetically.

1. Distinctiveness
2. Similarity

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