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.
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