The idea of status and wealth is commonly linked with the possession of huge houses, designer jewellery as well as luxury cars. At present, a number of luxury car brands attract purchasers by offering increased comfort, top-most level of equipment and perception of world-class quality tied up with their brand image. One such luxury car brand is Jaguar Land Rover, established in the year 1922 as Swallow Sidecar Company and finally changed its name to Jaguar Cars in the year 1945. Jaguar Cars, in the year 2013, merged with Land Rover to form Jaguar Land Rover Limited. Jaguar Land Rover is originally a British multinational automobile manufacturing company headquartered at Whitley, Coventry at England.

Since decades, Jaguar has always retained its position in the limelight. Recently, Jaguar made another highlight when the Opposition Board of Japan Patent Office refused the Opposition filed by Jaguar Land Rover under Class 12, that is, Automobiles.

A mark by the name of JAGTEC bearing Application No. 6104905 was applied for registration on 29th March 2019 as a Composite Mark under Class 12, which includes Automobiles, by Designating Automobiles and Structural Parts. The luxury car brand, Jaguar Land Rover Limited filed an Opposition on the basis, that JAGTEC consists an image of a leaping wildcat along with the letters “JAG”, making it identical as well as deceptively similar to their Trademark. 

In addition, the luxury car brand, asserted that the applied mark is identical to their Trademark visually, phonetically as well as in conceptual points of view. Moreover, the brand has been in the market for more than 60 years, therefore, the relevant consumers are likely to be deceived and shall associate the applied mark with that of Jaguar Land Rover’s Trademark. Thus, the Opponents claimed that the mark JAGTEC must be refused registration in accordance with Article 4(1)(xi) and 4(1)(xv). 

However, the Opposition Board of Japan Patent Office ruled in favour of JAGTEC and against Jaguar Land Rover on the ground, that there is a low degree of similarity between the two marks and there is no chance that the relevant traders, as well as purchasers, are likely to be deceived or associate both the marks.

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