2010年10月4日月曜日

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

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