This case illustrates how the Japan Patent Office (JPO) evaluates whether a trademark is considered overly simple or commonly used under Article 3(1)(v).
It shows that even short alphanumeric marks may be registrable if there is insufficient evidence that they are commonly used as product codes.
1. Application Details
- Mark: PG89
- Application No.: Japanese Trademark Application No. 2023-106384
- Designated Goods: Various goods in Classes 14, 18, 25, and 28, including jewelry, bags, clothing (including golf wear), and sporting goods.
2. Refusal by the JPO Examiner
The application was refused under Article 3(1)(v) of the Japanese Trademark Act, which applies to marks consisting of extremely simple and commonly used indications.
The examiner reasoned that:
- the mark consists of two letters + numbers (“PG89”), and
- such combinations are commonly used in trade as product model numbers or codes.
Based on this reasoning, the examiner concluded that:
- consumers would perceive the mark merely as a product code or specification, not as a trademark.
3. Appeal to the JPO Trial and Appeal Board
An appeal was filed against the refusal.
- Appeal No.: 2024-18052
The appeal challenged the assumption that such alphanumeric combinations are always perceived as model numbers in the relevant market.
4. Decision of the Appeal Board
The JPO Appeal Board reversed the refusal.
The Board found that:
- there was no sufficient evidence that marks in the format of “two letters + numbers” are widely used as product codes in relation to the designated goods.
- there were no circumstances showing that consumers would recognize “PG89” as a model number or specification.
Therefore, the Board concluded that:
- the mark is not necessarily simple or commonplace, and
- it is capable of functioning as a source identifier (trademark).
5. Outcome
The refusal based on Article 3(1)(v) was set aside, and the trademark “PG89” was allowed to proceed toward registration.
Key Point for Foreign Applicants
This case highlights an important aspect of Japanese trademark practice.
1. Alphanumeric marks are not automatically unregistrable
Short combinations of letters and numbers may still be registrable.
2. Evidence of common use is essential
The JPO must demonstrate that such marks are actually used in trade as product codes.
3. Market perception is decisive
If consumers are not likely to recognize the mark as a model number, it can function as a trademark.
✅ Practical takeaway
In Japan, even simple alphanumeric trademarks can be registered if there is no concrete evidence that they are commonly used as product codes or specifications in the relevant industry.
The cases presented here are based on publicly available JPO decisions and are provided for informational purposes only.