Unique writing system of the Japanese language consists of three different character sets: Kanji (several thousands of Chinese characters), and Hiragana and Katakana (two syllabaries of 46 characters each).
Specifically, Katakana gets used for writing foreign loanwords phonetically.
By virtue of Katakana, we get a clue to learn proper pronunciation of unpronounceable alphabetical words. In this regard, Katakana is obviously of great help to avoid phonetic slip-ups and mispronouncing high-profile brand names in Japan.
When we come across a word “YVES SAINT LAURENT” for the first time, we most likely call it “i-bes-sein-to-lo-ren-to”.
Likewise, we may call “L’OCCITANE” as “lo-sshi-ta-ne”, “PEUGEOT” as “pe-u-ge-o-to”, “RENAULT” as “re-na-u-ru-to”, “agnès b” as “a-gu-ne-su-bi”, “MONC BLANC” as “mon-to-bu-ran-ku”, “T-fal” as “tei-fa-lu”.
In other words, less attention to Katakana in promoting alphabetical brand names is likely to result in mispronunciation among the relevant public in Japan as you can see from the examples.
What’s worse, it may give rise to tragedy that trademark registration for the alphabetical name is insufficient to force unauthorized entity to cease his use of a mark consisting of Katakana to represent correct pronunciation of the name due to dissimilarity of the marks.
Provided that trademark registration is solely composed of alphabetical words, pronunciation of the mark is construed based on the most natural, logical way to pronounce it.
In this regard, it was a bit surprise that the Supreme Court judged a word mark written in Katakana pronounced as “reeru-dyu-tan” is phonetically identical with a registered mark “L’Air du Temps” in Case 1998 (Gyo-Hi) 85. Undoubtedly the judgement was based on the facts that “L’Air du Temps” had become well-known as a brand of perfume and the registered mark had been advertised accompanying a Katanaka “reeru-dyu-tan” as well.
When we come across a word “L’Air du Temps” for the first time, little thought is given to call it “reeru-dyu-tan”. The most natural way to pronounce it is “lu-ear-dyu-ten-po-su” indeed.Thus, the Supreme Court judgement should not be considered to negate necessity of Katakana in avoiding mispronounced marks.
It is advisable to use and register a Katakana word representing correct pronunciation of brand name as well as the alphabetical letters, especially where the letters are unpronounceable to the Japanese and thus natural pronunciation is not what a brand owner expects the Japanese to call it.