Japan opened the gate to Non-Traditional trademark, namely, color, sound, position, motion, hologram, in April 2015. It seems true that, beyond expectation, JPO has a significantly high hurdle to clear.
543 applications for color marks were filed with the Japan Patent Office (JPO) as of now (Nov 15, 2020). Among them, only 8 color marks are allowed for registration.
1. Tombow Pencil “MONO” (stationery)
![](http://www.marks-iplaw.jp/wp-content/uploads/2020/11/tombow.jpg)
2. Seven-Eleven (convenience store)
![](http://www.marks-iplaw.jp/wp-content/uploads/2020/11/SevenEleven.jpg)
3. Sumitomo Mitsui Financial Group (financial service)
![](http://www.marks-iplaw.jp/wp-content/uploads/2020/11/SMBC1.jpg)
4. Sumitomo Mitsui Financial Group (financial service)
![](http://www.marks-iplaw.jp/wp-content/uploads/2020/11/SMBC2.jpg)
5. Mitsubishi Pencil “UNI” (pencil)
![](http://www.marks-iplaw.jp/wp-content/uploads/2020/11/UNI.jpg)
6. Mitsubishi Pencil “HI-UNI” (pencil)
![](http://www.marks-iplaw.jp/wp-content/uploads/2020/11/HIUNI.jpg)
7. Family Mart (convenience store)
![](http://www.marks-iplaw.jp/wp-content/uploads/2020/11/Family-Mart.jpg)
8. UCC Ueshima Coffee (canned coffee)
![](http://www.marks-iplaw.jp/wp-content/uploads/2020/11/UCC-coffee.jpg)
All the registered color marks consist of more than two colors. JPO has yet to register a single case of color per se.
Most single-color marks are rejected due to a lack of distinctiveness and failure to demonstrate acquired distinctiveness. Surprisingly, 492 applications (90.6%) are already rejected or voluntarily withdrawn by the applicant.
Red Bull was unsuccessful in registering a combination of dark blue and silver on energy drinks in class 32.
![](http://www.marks-iplaw.jp/wp-content/uploads/2020/11/Red-Bull.jpg)
Hermes also failed to register a three-color combination over various goods in class 14, 18, and 25.
![](http://www.marks-iplaw.jp/wp-content/uploads/2020/11/HERMES.jpg)
43 applications are in review with the JPO as of now. Remarkably, Christian Louboutin fights for the appeal against the refusal of its iconic red-sole.
![](http://www.marks-iplaw.jp/wp-content/uploads/2020/11/Louboutin.jpg)
![](https://blog.marks-iplaw.jp/wp-content/uploads/2017/03/994b635f-200x300.jpg)
Masaki MIKAMI, Attorney at IP LAW – Founder of MARKS IP LAW FIRM