JP Appeal Judge on non-use"D.U.E.T"

Trademark:D.U.E.T
Class: 9
Appeal No.2009-300833
Type of appeal: cancellation based on non-use
Result: shall be cancelled the registration
Judgement date: 2010/4/12
Key Point: pronunciations of two mark are different.
Relevant article: 50
contents of article: Where a registered trademark (including a trademark deemed identical from common sense perspective with the registered trademark, including a trademark consisting of characters identical with the registered trademark but in different fonts, a trademark that is written in different characters, Hiragana characters, Katakana characters, or Latin alphabetic characters, from the registered trademark but identical with the registered trademark in terms of pronunciation and concept, and a trademark consisting of figures that are considered identical in terms of appearance as those of the registered trademark; hereinafter the same shall apply in this article) has not been used in Japan in connection with any of the designated goods and designated services for three consecutive years or longer by the holder of trademark right, the exclusive right to use or non-exclusive right to use, any person may file a request for a trial for rescission of such trademark registration in connection with the relevant designated goods or designated services.

JP Appeal Judge on distinctiveness_"SKIN ENHANCER"

Trademark:スキンエンハンサー/SKINENHANCER
Class: 3
Appeal No.2009-14124
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/6/2
Key Point: -
Relevant article: 3-1-3_4-1-16
contents of article: "3-1-3_Any trademark to be used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark:consists solely of a mark indicating, in a common manner, in the case of goods, the place of origin, place of sale, quality, raw materials, efficacy, intended purpose, quantity, shape (including shape of packages), price, the method or time of production or use etc. 4-1-16_Notwithstanding the preceding Article, no trademark shall be registered if the trademark: is likely to mislead as to the quality of the goods or services;"

JP Appeal Judge on distinctiveness_"WEIGHT MANAGEMENT"

Trademark:WEIGHT　MANAGEMENT
Class: 5
Appeal No.2009-13339
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/5/19
Key Point: -
Relevant article: 3-1-3
contents of article: Any trademark to be used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark consists solely of a mark indicating, in a common manner, in the case of goods, the place of origin, place of sale, quality, raw materials, efficacy, intended purpose, quantity, shape (including shape of packages), price, the method or time of production or use, or, in the case of services, the location of provision, quality, articles to be used in such provision, efficacy, intended purpose, quantity, modes, price or method or time of provision.

JP Appeal Judge on similarity_"ECOSHARP" and "SHARP"

Trademark:ECOSHARP
Class: 7
Appeal No.2010-13381
Type of appeal: appeal against decision of refusal
Result: shall be refused
Judgement date: 2010/3/30
Key Point: similar to third party's famous mark "SHARP"
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

JP Appeal Judge on similarity_"ECOSHARP" and "SHARP"

Trademark:ECOSHARP
Class: 7
Appeal No.2010-13381
Type of appeal: appeal against decision of refusal
Result: shall be refused
Judgement date: 2010/3/30
Key Point: similar to third party's famous mark "SHARP"
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

JP Appeal Judge on similarity_device mark

Trademark:device
Class: 16
Appeal No.2009-13284
Type of appeal: appeal against decision of refusal
Result: shall be refused
Judgement date: 2010/3/19
Key Point: -
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

JP Appeal Judge on similarity_"Proteaz" and "PROTEUS"

Trademark:Ｐｒｏｔｅａｚ/プロテアス
Class: 10
Appeal No.2009-9303
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/4/10
Key Point: -
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

JP Appeal Judge on non-use_identity of registered mark and mark in use

Trademark:bAccessInside
Class: 38
Appeal No.2009-300869
Type of appeal: cancellation based on non-use
Result: shall be cancelled the registration
Judgement date: 2010/3/16
Key Point: -
Relevant article: 50
contents of article: Where a registered trademark (including a trademark deemed identical from common sense perspective with the registered trademark, including a trademark consisting of characters identical with the registered trademark but in different fonts, a trademark that is written in different characters, Hiragana characters, Katakana characters, or Latin alphabetic characters, from the registered trademark but identical with the registered trademark in terms of pronunciation and concept, and a trademark consisting of figures that are considered identical in terms of appearance as those of the registered trademark; hereinafter the same shall apply in this article) has not been used in Japan in connection with any of the designated goods and designated services for three consecutive years or longer by the holder of trademark right, the exclusive right to use or non-exclusive right to use, any person may file a request for a trial for rescission of such trademark registration in connection with the relevant designated goods or designated services.

JP Appeal Judge on misleading quality"JIMI HENDRIX"

Trademark:JIMI HENDRIX
Class: 9
Appeal No.2008-21635
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/3/24
Key Point: -
Relevant article: 4-1-16
contents of article: "Notwithstanding the preceding Article, no trademark shall be registered if the trademark:is likely to mislead as to the quality of the goods or services;"

JP Appeal Judge on similarity_"METHODE"

Trademark:METHODE SWISS
Class: 35
Appeal No.2009-15374
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/3/23
Key Point: -
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

JP Appeal Judge on famous mark_GB TV program "TOP GEAR"

Trademark:「TOP　GEAR」
Class: 9
Appeal No.2009-890045
Type of appeal: invalidation
Result: keep registration
Judgement date: 2009/10/30
Key Point: -
Relevant article: 4-1-15_4-1-19
contents of article: "4-1-19_Notwithstanding the preceding Article, no trademark shall be registered if the trademark:is identical with, or similar to, a trademark which is well known among consumers in Japan or abroad as that indicating goods or services pertaining to a business of another person, if such trademark is used for unfair purposes (referring to the purpose of gaining unfair profits, the purpose of causing damage to the other person, or any other unfair purposes, the same shall apply hereinafter) (except those provided for in each of the preceding items);"

JP Appeal Judge on distinctiveness_ITAYA is a surname or not?

Trademark:ITAYA
Class: 6+
Appeal No.2009-14829
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/3/9
Key Point: "ITAYA" is one of typical Japanese family name.
Relevant article: 3-1-4
contents of article: "Any trademark to be used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark consists solely of a mark indicating, in a common manner, a common surname or name of a juridical person;"

JP Appeal Judge on similarity_oneness of the mark"SUNYX"

Trademark:SUNNYX
Class: 9
Appeal No.2009-10898
Type of appeal: appeal against decision of refusal
Result: shall be refused
Judgement date: 2010/2/1
Key Point: -
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

JP Appeal Judge on similarity_oneness of the mark"CORTE CONTI/CAVALLI"

Trademark:CORTE CONTI/CAVALLI
Class: 33
Appeal No.2009-685005
Type of appeal: opposition
Result: keep registration
Judgement date: 2009/1/8
Key Point: -
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

JP Appeal Judge on distinctiveness_too simple device?

Trademark:device
Class: 14
Appeal No.2008-900429
Type of appeal: opposition
Result: shall be cancelled the registration
Judgement date: 2009/10/2
Key Point: -
Relevant article: 3-1-3
contents of article: Any trademark to be used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark consists solely of a mark indicating, in a common manner, in the case of goods, the place of origin, place of sale, quality, raw materials, efficacy, intended purpose, quantity, shape (including shape of packages), price, the method or time of production or use, or, in the case of services, the location of provision, quality, articles to be used in such provision, efficacy, intended purpose, quantity, modes, price or method or time of provision.

JP Appeal Judge on distinctiveness_trademark or ground device?

Trademark:device
Class: 14+
Appeal No.2007-650045
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2009/12/22
Key Point: -
Relevant article: 3-1-6
contents of article: Any trademark to be used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark is in addition to those listed in each of the preceding items, a trademark by which consumers are not able to recognize the goods or services as those pertaining to a business of a particular person

JP Appeal Judge on non-use_identity of registered mark and mark in use

Trademark:アスリート
Class: 17
Appeal No.2008-301557
Type of appeal: cancellation based on non-use
Result: shall be cancelled the registration
Judgement date: 2009/9/10
Key Point: -
Relevant article: 50
contents of article: Where a registered trademark (including a trademark deemed identical from common sense perspective with the registered trademark, including a trademark consisting of characters identical with the registered trademark but in different fonts, a trademark that is written in different characters, Hiragana characters, Katakana characters, or Latin alphabetic characters, from the registered trademark but identical with the registered trademark in terms of pronunciation and concept, and a trademark consisting of figures that are considered identical in terms of appearance as those of the registered trademark; hereinafter the same shall apply in this article) has not been used in Japan in connection with any of the designated goods and designated services for three consecutive years or longer by the holder of trademark right, the exclusive right to use or non-exclusive right to use, any person may file a request for a trial for rescission of such trademark registration in connection with the relevant designated goods or designated services.

JP Appeal Judge on non-use_reason of allowable non-use

Trademark:リベロ/LIBERO
Class: 5
Appeal No.2009-300774
Type of appeal: cancellation based on non-use
Result: keep registration
Judgement date: 2010/1/19
Key Point: -
Relevant article: 50
contents of article: Where a registered trademark (including a trademark deemed identical from common sense perspective with the registered trademark, including a trademark consisting of characters identical with the registered trademark but in different fonts, a trademark that is written in different characters, Hiragana characters, Katakana characters, or Latin alphabetic characters, from the registered trademark but identical with the registered trademark in terms of pronunciation and concept, and a trademark consisting of figures that are considered identical in terms of appearance as those of the registered trademark; hereinafter the same shall apply in this article) has not been used in Japan in connection with any of the designated goods and designated services for three consecutive years or longer by the holder of trademark right, the exclusive right to use or non-exclusive right to use, any person may file a request for a trial for rescission of such trademark registration in connection with the relevant designated goods or designated services.

JP Appeal Judge on similarity_"SAFEGUARD/FRUIT & VEGGIE/WASH" and "SAFEGUARD"

Trademark:SAFEGUARD/FRUIT & VEGGIE/WASH
Class: 3+
Appeal No.2009-4359
Type of appeal: appeal against decision of refusal
Result: shall be refused
Judgement date: 2009/10/14
Key Point: -
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

JP Appeal Judge on non-use_Use in Japan or not.

Trademark:MICRO-BUFF
Class: 3
Appeal No.2008-300536
Type of appeal: cancellation based on non-use
Result: shall be canclled the registration
Judgement date: 2009/10/15
Key Point: Using the mark in English website shall not be deemed as use the mark in Japan.
Relevant article: 50
contents of article: "Where a registered trademark (including a trademark deemed identical from common sense perspective with the registered trademark, including a trademark consisting of characters identical with the registered trademark but in different fonts, a trademark that is written in different characters, Hiragana characters, Katakana characters, or Latin alphabetic characters, from the registered trademark but identical with the registered trademark in terms of pronunciation and concept, and a trademark consisting of figures that are considered identical in terms of appearance as those of the registered trademark; hereinafter the same shall apply in this article) has not been used in Japan in connection with any of the designated goods and designated services for three consecutive years or longer by the holder of trademark right, the exclusive right to use or non-exclusive right to use, any person may file a request for a trial for rescission of such trademark registration in connection with the relevant designated goods or designated services."

JP Appeal Judge on distinctiveness_ICED WINE

Trademark:Iced wine chocolates
Class: 30
Appeal No.2007-16958
Type of appeal: appeal against decision of refusal
Result: shall be refused
Judgement date: 2009/9/17
Key Point: -
Relevant article: 3-1-3_4-1-16
contents of article: "3-1-3_Any trademark to be used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark:consists solely of a mark indicating, in a common manner, in the case of goods, the place of origin, place of sale, quality, raw materials, efficacy, intended purpose, quantity, shape (including shape of packages), price, the method or time of production or use etc. 4-1-16_Notwithstanding the preceding Article, no trademark shall be registered if the trademark: is likely to mislead as to the quality of the goods or services;"

Singapore_temination of MOU with IP Australia

Termination of Memorandum of Understanding with IP Australia on the provision of Patent Search and Examination services
reference: IPOS
http://www.ipos.gov.sg/topNav/hom/
Issue date: October 15, 2010

JP Appeal Judge on similarity_ "SONIAL VISON safire" and "SAPPHIRE"

Trademark:ＳＯＮＩＡＶＩＳＩＯＮ safire
Class: 10
Appeal No.2009-8630
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/2/23
Key Point: the present mark is always pronunced as "magical oil"
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

JP Appeal Judge on similarity_ "MAGICAL OIL" and "MAGICURL"

Trademark:MAGICAL OIL/マジカルオイル
Class: 3
Appeal No.2009-2137
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/1/28
Key Point: the present mark is always pronunced as "magical oil"
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

JP Appal Judge on famous name_INCOGNITO

Trademark:ＩＮＣＯＧＮＩＴＯ
Class: 10
Appeal No.2009-12022
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/2/25
Key Point: denied famous on "INCOGNITO"
Relevant article: 4-1-8
contents of article: "Notwithstanding the preceding Article, no trademark shall be registered if the trademark:contains the portrait of another person, or the name, famous pseudonym, professional name or pen name of another person, or famous abbreviation thereof (except those the registration of which has been approved by the person concerned);"

JP Appeal Judge on famous mark_WiiFIT

Trademark:ＷｉｉＦＩＴ
Class: 12
Appeal No.2008-900512
Type of appeal: opposition
Result: shall be canclled the registration
Judgement date: 2009/11/9
Key Point: -
Relevant article: 4-1-15
contents of article: "Notwithstanding the preceding Article, no trademark shall be registered if the trademark: is likely to cause confusion in connection with the goods or services pertaining to a business of another person (except those listed in items (x) to (xiv) inclusive);"

JP Appeal Judge on similarity_ "LEDs magazine"

Trademark:ＬＥＤｓ
Class: 16
Appeal No.2009-650101
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2009/12/14
Key Point: "LEDs" is not read as "reds"
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

Japan_first fraud case for trademark act

A Japanese guy, representative of Japanese electric company arrested for filing false evidence of use when his trademark registration was filed a trial for cancellation based on non-use.
issue date: 2010/10/06

JP Appeal Judge on similarity_ "JELLYROLL" and "JULY ROLL"

Class: 9
Appeal No.2009-10943
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/1/28
Key Point: common in vowel
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

India_IP office accepts petition on removed cases by non-payment of renwal until 2010/11/30

Opportunity to file petitions in case of complaints regarding removal of registered trade marks due to non-payment of renewal fees is provided by the IP office. Such opportunity of giving a representation by way of a petition together with the　prescribed fee of Rs.2,500/- (in terms of Entry NO.58 of the First Schedule to the　Trade Marks Rules, 2002) may be tendered along with full case history and with　cogent reasons non-renewal (in the case of agent) and other supporting　documents if any to the Appropriate Office within two months from the date　of this Public Notice for consideration of the petition by the designated officer. It　may be mentioned that there is no practice at present to re-open a lapsed mark　beyond the first cycle of renewal date. A speaking order will be issued in each　such case after a hearing.
reference: India IP office
http://www.ipindia.nic.in/iponew/publicNnotice_Petition_24September2010.pdf

Issue date: September 24, 2010

JP Appeal Judge on similarity_ "TOWERX" and "tower"

Class: 9
Appeal No.2009-10900
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/1/28
Key Point: pronunciation of the present mark should be deemed as "TOWERX" only.
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

JP Appeal Judge on similarity_ "M_st"

Class: 41
Appeal No.2009-6711
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/2/1
Key Point: the present mark should be deemed as a device not consisting specific words.
Relevant article: 4-1-11
contents of article: Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

Kazakhstan_Accession by the Republic of Kazakhstan

Kazakhstan has joined Madrid Protocol, effective from 8 December 2010.

WIPO　website<<http://www.wipo.int/treaties/en/notifications/madridp-gp/treaty_madridp_gp_189.html>>
issued date: 2010/9/8

JP Appeal Judge on distinctiveness_JP Appeal Judge on distinctivness_"Eco Magazine"

Class: 16+
Appeal No.2009-6308
Type of appeal: appeal against decision of refusal
Result: shall be refused
Judgement date: 2009/11/27
Key Point: it merely shows quality of goods.
Relevant article: 3-1-3_4-1-16
contents of article: "3-1-3_Any trademark to be used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark:consists solely of a mark indicating, in a common manner, in the case of goods, the place of origin, place of sale, quality, raw materials, efficacy, intended purpose, quantity, shape (including shape of packages), price, the method or time of production or use etc. 4-1-16_Notwithstanding the preceding Article, no trademark shall be registered if the trademark: is likely to mislead as to the quality of the goods or services;"

JP Appeal Judge on distinctiveness_"USED PARK JAPAN"

Class: 12
Appeal No.2008-22102
Type of appeal: appeal against decision of refusal
Result: shall be refused
Judgement date: 2009/11/27
Key Point: it merely shows quality of goods.
Relevant article: 3-1-3_4-1-16
contents of article: "3-1-3_Any trademark to be used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark:consists solely of a mark indicating, in a common manner, in the case of goods, the place of origin, place of sale, quality, raw materials, efficacy, intended purpose, quantity, shape (including shape of packages), price, the method or time of production or use etc. 4-1-16_Notwithstanding the preceding Article, no trademark shall be registered if the trademark: is likely to mislead as to the quality of the goods or services;"

JP Appeal Judge on famous stage name_ "twiggy"twiggy

Class: 33
Appeal No.2009-890066
Type of appeal: invalidation
Result: shall be invalided
Judgement date: 2009/11/30
Key Point: it is admired that the apperant's stage stage name "Twiggy" has been famous at the filing date of the present application.
Relevant article: 4-1-8
contents of article: "Notwithstanding the preceding Article, no trademark shall be registered if the trademark:contains the portrait of another person, or the name, famous pseudonym, professional name or pen name of another person, or famous abbreviation thereof (except those the registration of which has been approved by the person concerned);"

Philippine_faked watches, estimated value of US$9,924,000 were raid

Intellectual property rights Division of the National Bureau of Immigration raid selling counterfait swiss watch company on September 21, 2010. In advance of the raid, the memorandum of agreement (cooperation of the relevant government agencies of the government of the philippines with the federation of the swiss watch industry FH and selective TM union limited) signed on September 17, 2010.

reference: Intellectuarl property Philippines
<http://www.ipophil.gov.ph/NBIRaid_PhotoGallery09222010/index.html>
issue date: 2010/09/23

JP Appeal Judge on similarity__"pad"device

Class: 18+
Appeal No.2008-890135
Type of appeal: invalidation
Result: dismissed
Judgement date: 2009/9/2
Key Point: dissimilar in appearance

Relevant article: 4-1-11_4-1-15
contents of article: 4-1-11_Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

India_Public notice regarding change in classification of Trade Marks

CGPDTM noticed about re-classification
reference: CGPDTM http://www.ipindia.nic.in/iponew/publicnotice_23August2010.pdf
issue date: 2010/08/23

JP Appeal Judge on similarity_ "mary quant's daisy mark"device

Class3
Appeal No.2008-890131
Type of appeal: invalidation
Result: dismissed
Judgement date: 2009/9/1

Key Point: dissimilar in appearance
Relevant article: 4-1-11
contents of article:
Notwithstanding the preceding Article, no trademark shall be registered if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark; the same shall apply hereinafter), or goods or services similar thereto

India_IP office publishes Trade Marks Journal every Monday .

CGPDTM noticed that Trade Marks Journal now published every Monday.
reference: CGPDTM http://www.ipindia.nic.in/iponew/public_notice_30August2010.pdf
issue date: 2010/09/06

New Zealand_GST rate will rise

New Zealand’s GST rate will rise from 12.5% to 15% fron October 1st 2010.

reference: Intellectuarl property office in New Zealand<http://www.iponz.govt.nz/cms/trade-marks/forms-and-fees>
issue date: 2010/09/07

Sudan_Registration at Customs Department is now available.

Registration at customs department is now available in Sudan.
POA, certificated copy of registration, sample or photos of the original products are needed.

reference: iNews issue - August 2010 Newsletter from NJQ & Associates

Indonesia tops Asia list of copyright pirate centres?!

Indonesia
According to the survey conducted by Hong Kong company, Political and Economic Risc Consultancy, the worst country is Indonesia, the best country among Asian is Sigapore.
reference: By Agence France-Presse, Updated: 8/25/2010 http://news.malaysia.msn.com/regional/article.aspx?cp-documentid=4294209

JP Appeal Judge on secondary meaning

Trademark: HP (logo)
Appeal no. 2008-20796
Type of appeal: appeal against the decision of refusal
Judgment date: 2010/2/16
Result: it shall be registered (it acquired secondary meanings through use)
Article: 3-2
Notwithstanding the preceding paragraph, a trademark that falls under any of items (iii) to (v) of the preceding paragraph may be registered if, as a result of the use of the trademark, consumers are able to recognize the goods or services as those pertaining to a business of a particular person.

JP_appeal judge on similarity

Appeal no. 2008-32359
Trademark; Butterfly with device
Type of appeal: appeal against the decision of refusal
Judgment date: 2009/12/14
Result: it shall not be registered (similar to each other)

Article: 4-1-11

Notwithstanding the preceding Article, no trademark shall be registred if the trademark is identical with, or similar to, another person's registered trademark which has been filed prior to the filing date of an application for registration of the said trademark, if such a trademark is used in connection with the designated goods or designated services relating to the said registered trademark(referring to goods or services designated in accordance with Article 6(1) (including cases where it is applied mutatis mutandis pursuant to Article 68(1)); the same shall apply hereinafter), or goods or services similar thereto

Japan_Historical person's name shall not be registered.

appeal no. 2007-29500
judgment date: 2010/01/25
result: it shall not be registered
article: 4-1-7 (against public order)
Trademark: 篤姫 (JP letter of "atsuhime")

Considering the fact that well-known historical person's name has strong goodwill because of his/hers reputation and everyone wishes to use it as a trademark. Such kind of mark shall not be monoployed by one person.