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.