2010年10月18日月曜日

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

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