Bentley and Aston Martin failed against a Japanese trademark application

The Japan Patent Office dismissed an opposition filed by BENTLEY MOTORS и ASTON MARTIN against the following Japanese trademark application for Class 12:

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This mark is used by Toyota and Tsuburaya ( company responsible for the creation of the Ultraman superhero) for advertisement purposes.

The earlier marks specified in the opposition were:

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According to the Patent Office, there was no possibility for consumer confusing despite the fact that the earlier marks had a reputation on the market. The marks were phonetically, visually and conceptually different according to the Office. The graphical resemblance wasn’t sufficient. What’s more this conclusion was supported by the fact that Bentley’s and Aston Martin’s marks coexisting for many years without to create any confusion.

Source:  Masaki Mikami.

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