Vol.8 (RISO NO AOJIRU)

Opposition No. 2016-900164

Conclusion

The registration was cancelled for a part of the goods as there is a likelihood of confusion

Summary

Green juice beverages (except in the form of powder), etc.

The Opposition Examiners judged that there is a likelihood of confusion. They considered the fame of “理想のトマト (riso-no tomato)” and the commercial circumstances where a series of drink “理想のXXX (ingredient)” had been sold. In addition, they took into account the fact that the series drink had been sold from June 2012 to June 2013 and that the plaintiff achieved a 12.8% market share for the tomato juice beverages with “理想のトマト” in 2014 and had the best share of market in the field of vegetable drink including green juice.

Green juice beverages in the form of powder, etc.

On the other hand, the conclusion for these goods was contrary. The reason is that there is weak relation between these goods and the tomato juice beverages because there are no circumstances where companies in the same business generally manufacture and sell both of the goods.

My comments

An unusual decision was made regarding a series of marks. Although the above series of the drinks had been sold for just one year, it was judged that there is a likelihood of confusion because of the other circumstances as well as the one-year-period sales. I believe that the conclusion was strongly affected by the high share of market in the field of vegetable drink including “理想のトマト”. Based on this case, it is better to register a part sharing in a series of a mark such as “理想” in the subject case.

It is interesting that the decision varied depending on the form of the goods.