Article 3(2)

JPO rejects 3D Shape Mark of Giant Cotton Candy

2019年10月19日Article 3(1)(iii), Article 3(2), giant cotton candy, Harakuju, Japan Trademark Law, three dimensional mark, TOTTI CANDY FACTORYAcquired distinctiveness, Article 3(1)(iii), Article 3(2), Inherent distinctiveness, Refusal appeal, Three dimensional markMasaki MIKAMI

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...

Porsche wins trademark protection for “911”

2019年10月6日911, Acquired distinctiveness, Article 3(1)(v), Article 3(2), Japan Trademark Law, PORSCHEAcquired distinctiveness, Article 3(1)(v), Famous mark, Inherent distinctiveness, Madrid Protocol, Refusal appealMasaki MIKAMI

Porsche, a German sports car maker, has recently won trademark protection for its widely known three-digit code “911” in Japan.[Appeal case no. 2018-650044]

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The Japan IP High Court Finds “EQ” Entitled to Trademark Registration Belonging to Mercedes Benz

2019年7月6日Acquired distinctiveness, Article 3(1)(v), Article 3(2), Daimler, EQ, IP High Court, Japan Trademark Law, Mercedes Benz, Secondary meaningAcquired distinctiveness, Article 3(1)(v), Inherent distinctiveness, IP High Court, Refusal appeal, Trademark Appeal, Trademark Examination GuidelineMasaki MIKAMI

On July 3, 2019, the Japan IP High Court reversed a decision of the Japan Patent Office (JPO) finding that the company Daimler AG was entitled to registration of “EQ” for Motor vehicles in class 12, even though the...

Trademark registration for Tasaki’s Akoya pearls ring

2019年4月21日Acquired distinctiveness, Akoya pearls, Article 3(1)(iii), Article 3(2), TASAKIAcquired distinctiveness, Article 3(1)(iii), Article 3(2), Device mark, Inherent distinctiveness, Three dimensional mark, Trademark AppealMasaki MIKAMI

In March 17, 2017, Japanese jewelry house TASAKI & Co., Ltd., the Japanese leading producer of Akoya pearls, filed an application for trademark registration at the Japan Patent Office (JPO) for the following three-dimensional mark for rings...

IP High Court denied registering 3D Shape of Nursing Care Bed

2018年12月3日3D mark, Article 3(1)(iii), Article 3(2), IP High Court, Nursing care bed, Paramount BedAcquired distinctiveness, Article 3(1)(iii), Article 3(2), IP High Court, Three dimensional mark, Trademark AppealMasaki MIKAMI

The Japan IP High Court, in its ruling on November 29, 2018, did not side with Paramount Bed Co., Ltd., a Japanese manufacturer and distributor of medical and nursing care product, who filed an appeal against refusal decision by JPO to TM...

JPO refused to register 3D shape of Mitsubishi Electric’s spiral escalator

2018年6月3日Acquired distinctiveness, Article 3(1)(iii), Article 3(2), JPO, Mitsubishi Electric, Secondary meaning, Spiral escalatorAcquired distinctiveness, Article 3(1)(iii), Article 3(2), Refusal appeal, Three dimensional mark, Trademark AppealMasaki MIKAMI

The Appeal Board of Japan Patent Office (JPO) disallowed registration of 3D shape of Mitsubishi Electric's spiral escalator due to lack of inherent distinctiveness and secondary meaning in relation to escalators, class 7. [Appeal case no....

Trademark registration for Kikkoman’s Soy sauce 3D Bottle

2018年4月28日Acquired distinctiveness, Article 3(2), Kikkoman, Soy sauce, three dimensional markAcquired distinctiveness, Article 3(1)(iii), Article 3(2), Composite mark, Famous mark, Inherent distinctiveness, Three dimensional markMasaki MIKAMI

In October 11, 2016, Kikkoman Corporation, the world's leading producer of soy sauce, filed an application for trademark registration at the Japan Patent Office (JPO) for the following three-dimensional colored mark for soy sauce in class...

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