JP Appeal Judge on famous mark_GB TV program "TOP GEAR"

Trademark:「TOP　GEAR」
Class: 9
Appeal No.2009-890045
Type of appeal: invalidation
Result: keep registration
Judgement date: 2009/10/30
Key Point: -
Relevant article: 4-1-15_4-1-19
contents of article: "4-1-19_Notwithstanding the preceding Article, no trademark shall be registered if the trademark:is identical with, or similar to, a trademark which is well known among consumers in Japan or abroad as that indicating goods or services pertaining to a business of another person, if such trademark is used for unfair purposes (referring to the purpose of gaining unfair profits, the purpose of causing damage to the other person, or any other unfair purposes, the same shall apply hereinafter) (except those provided for in each of the preceding items);"