Hermès beat Birkin Bag Imitator for Trademark Infringement

On December 17, 2020, the Japan IP High Court upheld awards for JPY2,900,000 for damages suffered by Hermès in relation to a trademark infringement and passing-off case regarding the Birkin Bag imitations.[Court case no....

Less than 1.5% Success Rate for Getting Color Mark Registration in Japan

Japan opened the gate to Non-Traditional trademark, namely, color, sound, position, motion, hologram, in April 2015. It seems true that, beyond expectation, JPO has a significantly high hurdle to clear.

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Japan IP High Court Ruling on Distinctiveness of Position Mark

On August 27, 2020, the Japan IP High Court ruled to affirm the Japan Patent Office (JPO) decision and rejected TM application no. 2016-34650 for a position mark consisting of fourteen open ellipses built-in grip section...

Japan IP High Court Refuses Trademark Protection for Orange Color Mark

On 23 June 2020, the Japan IP High Court decided a case concerning a single color mark that was rejected for registration by the Appeal Board of the Japan Patent Office ("JPO").

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Sweet, but long road to register “Ghana” on chocolates

The Japan Patent Office (JPO) allowed trademark registration of “Ghana” in connection with chocolates of class 30 by finding acquired distinctiveness as a source indicator of Lotte Co., Ltd., a Korea-based...

First ruling by IP High Court on New Type of Trademark in Japan

On February 14 2020, the Japan IP High Court ruled to uphold the Japan Patent Office (JPO) decision and rejected TM application no. 2016-009831 for a 3D position mark consisting of three virtual images of oil stove flame...

Acquired distinctiveness for 3D shape of OMRON digital thermometer

The Japan Patent Office recently admitted trademark registration for a three-dimensional shape of digital thermometers ‘MC-670’ and ‘MC-681’ manufactured by Omron Healthcare Co., Ltd. by finding acquired...

Calvin Klein defeated with trademark battle over “CK”

Japan Patent Office (JPO) dismissed an
opposition by Calvin Klein Trademark Trust, a well-known name in fashion, who
claimed “CK” device mark is likely to cause confusion with Calvin Klein when
used on various...

JPO rejects 3D Shape Mark of Giant Cotton Candy

In a dispute of registrability to a unique
three-dimensional shape of giant cotton candy, the Appeal Board of Japan Patent
Office (JPO) refused protection of the 3D mark due to lack of distinctiveness.  
[Appeal case...