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
2010年12月3日金曜日
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
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
2010年12月1日水曜日
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
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
2010年11月29日月曜日
JP Appeal Judge on non-use_identity of registered mark and mark in use
Trademark:bAccessInside
Class: 38
Appeal No.2009-300869
Type of appeal: cancellation based on non-use
Result: shall be cancelled the registration
Judgement date: 2010/3/16
Key Point: -
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.
Class: 38
Appeal No.2009-300869
Type of appeal: cancellation based on non-use
Result: shall be cancelled the registration
Judgement date: 2010/3/16
Key Point: -
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.
2010年11月26日金曜日
JP Appeal Judge on misleading quality"JIMI HENDRIX"
Trademark:JIMI HENDRIX
Class: 9
Appeal No.2008-21635
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/3/24
Key Point: -
Relevant article: 4-1-16
contents of article: "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;"
Class: 9
Appeal No.2008-21635
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/3/24
Key Point: -
Relevant article: 4-1-16
contents of article: "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;"
2010年11月24日水曜日
JP Appeal Judge on similarity_"METHODE"
Trademark:METHODE SWISS
Class: 35
Appeal No.2009-15374
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/3/23
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
Class: 35
Appeal No.2009-15374
Type of appeal: appeal against decision of refusal
Result: shall be registered
Judgement date: 2010/3/23
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
2010年11月22日月曜日
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);"
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);"
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