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