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

, , , , , , Acquired distinctiveness, Article 3(1)(iii), Article 3(2), Colormark, Inherent distinctiveness, New Trademark Law, New type of trademark, Trademark AppealMasaki MIKAMI

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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IP High Court admitted high reputation of Red Bull mark in relation to automobiles as well

, , , , Article 4(1)(xv), Device mark, Famous mark, Invalidation trial, IP High Court, Likelihood of confusionMasaki MIKAMI

In a lawsuit disputing similarity of red-colored bull device marks, the IP High Court nullified the JPO decision in favor of Red Bull GmbH known for Red Bull energy drink, and ruled to invalidate TM registration no. 5664585 (Disputed Mark) on the...