This case illustrates how the Japan Patent Office (JPO) evaluates descriptiveness when a trademark consists of common English words with multiple possible meanings.
It demonstrates that even seemingly descriptive terms may be registrable if their meaning is ambiguous and not supported by actual industry usage.

1. Application Details

• Mark: COOL WINE
• Application No.: Japanese Trademark Application No. 2022-21173
• Designated Goods/Services:
  • Class 33: Wine
  • Class 43: Provision of food and beverages (after amendment)

2. Refusal by the JPO Examiner

The application was refused based on:

• Article 3(1)(iii) (descriptive mark)
• Article 4(1)(xvi) (misleading indication)

The examiner reasoned that:

• “COOL” means refreshing or cool, and
• “WINE” means wine

Therefore, the mark “COOL WINE” was considered to mean:

“refreshing wine” or “cool wine”

Based on this interpretation, the examiner concluded that:

• the mark merely describes the quality or characteristics of the goods and services, and
• it may mislead consumers if used for products not having such characteristics.

3. Appeal to the JPO Trial and Appeal Board

An appeal was filed against the refusal.

• Appeal No.: 2023-5313

During the appeal, the scope of designated goods/services was narrowed to address the misleading refusal.

4. Decision of the Appeal Board

The JPO Appeal Board reversed the refusal.

The Board found that:

• The term “COOL” has multiple meanings (e.g., “cool,” “refreshing,” “stylish”), and
• the combination “COOL WINE” can evoke several different interpretations, not a single clear meaning.

The Board further emphasized that:

• the meaning of the mark is not specific or immediately clear, and
• there was no evidence that “COOL WINE” is commonly used in the industry to describe product quality or services.

Accordingly, consumers would not directly perceive the mark as indicating product quality or service characteristics.

5. Outcome

The refusal based on descriptiveness and misleading indication was set aside, and the trademark “COOL WINE” was allowed to proceed toward registration.

Key Point for Foreign Applicants

This case highlights an important principle in Japanese trademark practice.

1. Multiple meanings can support distinctiveness

If a term has several possible interpretations, it may not be considered descriptive.

2. Clear and specific meaning is required for refusal

A refusal requires that the mark directly and clearly describes the goods or services.

3. Evidence of industry usage is essential

Without proof that the expression is commonly used, descriptiveness may not be established.

✅ Practical takeaway

In Japan, even a combination of common English words may be registrable if:

• the overall meaning is ambiguous or open to interpretation, and
• there is no evidence of widespread descriptive use in the relevant industry.

The cases presented here are based on publicly available JPO decisions and are provided for informational purposes only.