JPO Decision: Trademark “Dear U plus” dissimilar to “dear U”


On December 12, 2024, the Japan Patent Office (JPO) rendered a decision in Appeal Case no. 2024-13602, favoring the trademark application TM App no. 2023-99199 for the wordmark “Dear U plus.” The JPO concluded that this mark exhibited sufficient dissimilarity to previously registered trademarks “dear U” and “DEAR YOU,” which had led to initial rejection by the examiner. Fanplus, Inc. originally submitted the application for the mark “Dear U plus” on September 6, 2023, intending to use it across various products and services categorized under classes 9, 35, 41, and 42. However, on June 3, 2024, the examiner cited Article 4(1)(xi) of the Japan Trademark Law in rejecting the application, arguing that the term “plus” commonly denotes an enhancement of quality, thus diminishing its distinctive nature. The examiner indicated that consumers would likely focus on the dominant “Dear U” component, leading to aural and conceptual similarities with the cited marks. In response, the applicant appealed on August 23, 2024, asserting the distinctiveness of their mark. The JPO Appeal Board found that “Dear U plus” did not convey a specific meaning and should be interpreted as a coherent whole, considering both its visual configuration and phonetic presentation. The Board emphasized that the inclusion of “plus” and the letter distinctions between “U” and “YOU” contributed to significant visual and aural dissimilarity. Despite the shared sound “dɪr-juː,” the suffix “plʌs” altered the overall impression of the mark. Ultimately, the JPO determined that the earlier rejection was incorrect, leading to the approval of the “Dear U plus” mark.



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