2010年9月27日月曜日

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;"

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