{"id":260,"date":"2018-09-30T12:28:59","date_gmt":"2018-09-30T03:28:59","guid":{"rendered":"http:\/\/bran-design.jp\/en\/?p=260"},"modified":"2021-02-22T14:26:14","modified_gmt":"2021-02-22T05:26:14","slug":"vol-8-%e7%90%86%e6%83%b3%e3%81%ae%e9%9d%92%e6%b1%81","status":"publish","type":"post","link":"https:\/\/bran-design.jp\/en\/article\/case\/260\/","title":{"rendered":"Vol.8 (RISO NO AOJIRU)"},"content":{"rendered":"

Opposition No. 2016-900164<\/h3>\n<\/p>\n

\"\"<\/p>\n

    \n
  1. \n

    Conclusion<\/h3>\n<\/li>\n<\/ol>\n

    The registration was cancelled for a part of the goods as there is a likelihood of confusion<\/p>\n

     <\/p>\n

      \n
    1. \n

      Summary<\/h3>\n<\/li>\n<\/ol>\n
        \n
      • Green juice beverages (except in the form of powder), etc.<\/li>\n<\/ul>\n

        The Opposition Examiners judged that there is a likelihood of confusion. They considered the fame of \u201c\u7406\u60f3\u306e\u30c8\u30de\u30c8 (riso-no tomato)” and the commercial circumstances where a series of drink \u201c\u7406\u60f3\u306eXXX (ingredient)\u201d 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 \u201c\u7406\u60f3\u306e\u30c8\u30de\u30c8\u201d in 2014 and had the best share of market in\u00a0<\/span>the field\u00a0<\/span>of vegetable drink including green juice.<\/p>\n

         <\/p>\n

          \n
        • Green juice beverages in the form of powder, etc.<\/li>\n<\/ul>\n

          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.<\/p>\n

           <\/p>\n

            \n
          1. \n

            My comments<\/h3>\n<\/li>\n<\/ol>\n

            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.\u00a0<\/span>I believe\u00a0<\/span>that the conclusion was strongly affected by the high share of market in\u00a0<\/span>the field\u00a0<\/span>of vegetable drink including \u201c\u7406\u60f3\u306e\u30c8\u30de\u30c8\u201d. Based on this case, it is better to register a part sharing in a series of a mark such as \u201c\u7406\u60f3\u201d in the subject case.<\/p>\n

             <\/p>\n

            It is interesting that the decision varied depending on the form of the goods.<\/p>\n

             <\/p>\n","protected":false},"excerpt":{"rendered":"

            Opposition No. 2016-900164 Conclusion The registration was cancelled for a part of the goods as there is a lik … <\/p>\n","protected":false},"author":1,"featured_media":261,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[5],"tags":[],"_links":{"self":[{"href":"https:\/\/bran-design.jp\/en\/wp-json\/wp\/v2\/posts\/260"}],"collection":[{"href":"https:\/\/bran-design.jp\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/bran-design.jp\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/bran-design.jp\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/bran-design.jp\/en\/wp-json\/wp\/v2\/comments?post=260"}],"version-history":[{"count":7,"href":"https:\/\/bran-design.jp\/en\/wp-json\/wp\/v2\/posts\/260\/revisions"}],"predecessor-version":[{"id":971,"href":"https:\/\/bran-design.jp\/en\/wp-json\/wp\/v2\/posts\/260\/revisions\/971"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/bran-design.jp\/en\/wp-json\/wp\/v2\/media\/261"}],"wp:attachment":[{"href":"https:\/\/bran-design.jp\/en\/wp-json\/wp\/v2\/media?parent=260"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/bran-design.jp\/en\/wp-json\/wp\/v2\/categories?post=260"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/bran-design.jp\/en\/wp-json\/wp\/v2\/tags?post=260"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}