Acquired distinctiveness

Acquired distinctiveness, Article 3(1)(3), Article 3(2), Device mark, Famous mark, Figurative mark, IP High Court, Three dimensional mark, Trademark Appeal 02/05/2023

IP High Court Rules Lego 3D Figure Mark Unregistrable

The Japan IP High Court dismissed a…

Acquired distinctiveness, Color marks, Famous mark, IP High Court, Likelihood of confusion, Position mark, Tokyo district court, Unfair Competition Law 01/22/2023

Louboutin 2nd Defeat in Litigation over Red Soles

By order of December 26, 2022, the …

Acquired distinctiveness, Article 3(1)(3), Article 3(2), Color marks, Distinctiveness, Famous mark, Non-Traditional trademark, Position mark, Trademark Appeal 06/11/2022

JPO Rejected Colormark of Louboutin’s red soles

On June 7, 2022, the Appeal Board o…

Acquired distinctiveness, Article 3(1)(3), Article 3(2), Color marks, Distinctiveness, examination, Famous mark 05/14/2022

Update of Colormark in Japan – Who awarded the 9th registration?

On March 25, 2022, the Japan Patent…

Acquired distinctiveness, Article 3(1)(3), Article 3(2), Device mark, Distinctiveness, Famous mark, Figurative mark, Three dimensional mark, Trademark Appeal 02/13/2022

JPO Found Lego 3D Figure Mark Lack Distinctiveness

In a decision to the appeal against…

Acquired distinctiveness, Article 3(1)(3), Article 3(1)(vi), Article 3(2), Color marks, Famous mark, Non-Traditional trademark, Trademark Appeal 12/04/2021

Hermes Challenge to Register Packaging Colors

HERMES INTERNATIONAL, a French luxu…

Acquired distinctiveness, Article 3(1)(v), Article 3(2), Distinctiveness, Famous mark, Trademark Appeal, Trademark Examination Guideline 11/27/2021

Formula One Successful in Registering “F1”

In a recent decision, the Appeal Bo…

Acquired distinctiveness, alphabetical name, Article 3(1)(v), Descriptive mark, Distinctiveness, examination, Trademark Appeal 03/07/2021

“FS12” can’t be registered due to a lack of distinctiveness

The Japan Patent Office (JPO) affir…

Acquired distinctiveness, Article 3(2), damage, Descriptive mark, Distinctiveness, Famous mark, IP High Court, Similarity of mark, Three dimensional mark, Tokyo district court, Trade dress, Unfair Competition Law 12/26/2020

Hermès beat Birkin Bag Imitator for Trademark Infringement

On December 17, 2020, the Japan IP …

Acquired distinctiveness, Article 3(1)(3), Article 3(2), Color marks, JPO Announcement, New Trademark Law, Non-Traditional trademark, Trademark Appeal, Trademark Examination Guideline 11/15/2020

Less than 1.5% Success Rate for Getting Color Mark Registration in Japan

Japan opened the gate to Non-Tradit…