JP Appeal Judge on distinctiveness_too simple device?

Trademark:device
Class: 14
Appeal No.2008-900429
Type of appeal: opposition
Result: shall be cancelled the registration
Judgement date: 2009/10/2
Key Point: -
Relevant article: 3-1-3
contents of article: 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, or, in the case of services, the location of provision, quality, articles to be used in such provision, efficacy, intended purpose, quantity, modes, price or method or time of provision.