2018.08.27

Vol.5 (ASAKURA)

Opposition No. 2017-900213

Subject mark 

朝倉  (This is pronounced as “Asakura” and a city name)

Class 33

Awamori [distilled rice spirits]; Sake substitute; shochu (spirits), and others.

1. Summary

A city name was judged not to be recognized as the indication of a production area or sales area. The Examiners indicated the reasons that the name “朝倉 (Asakura)” is not only the city name but also shows other two areas and is used as a surname. 

2. Comments

When judging if an area name has distinctiveness, how famous the area name is a key criteria. In the present case, the Examiners took in account that the same name existed in several places and the area name was used as a surname, but I believe such a thing is usual. In addition, in the presedents of the marks “Kawasaki” and “AOYAMA”, the area name which shows several areas and a surname was judged to lack inherent distinctiveness.

Considering these factors, I believe that the most important reason for the distinctiveness being denied was “朝倉 (Asakura)” is not so famous as an area name. Although a common surname lacks distinctiveness, the plaintiff did not assert that “朝倉 (Asakura)” should be a common surname.