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