JP Appeal Judge on non-use"D.U.E.T"

Trademark:D.U.E.T
Class: 9
Appeal No.2009-300833
Type of appeal: cancellation based on non-use
Result: shall be cancelled the registration
Judgement date: 2010/4/12
Key Point: pronunciations of two mark are different.
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_"SKIN ENHANCER"

Trademark:スキンエンハンサー/SKINENHANCER
Class: 3
Appeal No.2009-14124
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/6/2
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;"

JP Appeal Judge on distinctiveness_"WEIGHT MANAGEMENT"

Trademark:WEIGHT　MANAGEMENT
Class: 5
Appeal No.2009-13339
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/5/19
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.

JP Appeal Judge on similarity_"ECOSHARP" and "SHARP"

Trademark:ECOSHARP
Class: 7
Appeal No.2010-13381
Type of appeal: appeal against decision of refusal
Result: shall be refused
Judgement date: 2010/3/30
Key Point: similar to third party's famous mark "SHARP"
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_"ECOSHARP" and "SHARP"

Trademark:ECOSHARP
Class: 7
Appeal No.2010-13381
Type of appeal: appeal against decision of refusal
Result: shall be refused
Judgement date: 2010/3/30
Key Point: similar to third party's famous mark "SHARP"
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_device mark

Trademark:device
Class: 16
Appeal No.2009-13284
Type of appeal: appeal against decision of refusal
Result: shall be refused
Judgement date: 2010/3/19
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 similarity_"Proteaz" and "PROTEUS"

Trademark:Ｐｒｏｔｅａｚ/プロテアス
Class: 10
Appeal No.2009-9303
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/4/10
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