Japan IP High Court Ruling on Distinctiveness of Position Mark

, , , , , , , , , , Acquired distinctiveness, Article 3(1)(vi), Article 3(2), Inherent distinctiveness, IP High Court, New Trademark Law, New type of trademark, Position mark, Trademark AppealMasaki MIKAMI

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...

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

, , , , , , , , , Acquired distinctiveness, Article 3(1)(iii), Inherent distinctiveness, IP High Court, New Trademark Law, New type of trademark, Position mark, Trademark AppealMasaki MIKAMI

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...