“FS12” can’t be registered due to a lack of distinctiveness

The Japan Patent Office (JPO) affirmed the examiner’s refusal and decided to reject a wordmark “FS12” due to a lack of inherent distinctiveness.[Appeal case no. 2019-650019, Gazette issued date: January 29,...

El Clasico Scores a Goal in Trademark Race

The Japan Patent Office (JPO) overturned the examiner’s refusal and decided to register the “El Clasico” mark in connection with sporting activities, production of sports events, sports information services, and...

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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Japan IP High Court ruling: “I♡JAPAN” lacks distinctiveness as a trademark

On June 17, 2020, the Japan IP High Court affirmed the JPO’s rejection of the “I♡JAPAN” mark in relation to various goods of class 14,16,18 and 24 due to a lack of distinctiveness. [Judicial case no. Reiwa...

Japan IP High Court sided with Apple Inc. in “CORE ML” trademark dispute

On May 20, 2020, the Japan IP High Court denied the JPO decision and sided with Apple Inc. by finding the “CORE ML” mark is dissimilar to senior trademark registration no. 5611369 for word mark “CORE” in...

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...

JPO protects 3D shape of cherry design bottle for soy sauce dispenser

In a recent administrative decision, the Japan Patent Office (JPO) found 3D shape of cherry design bottle is inherently distinctive in relation to soy sauce dispensers in class 21 even without secondary meaning.[Appeal...

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...