Acquired distinctiveness

Acquired distinctiveness, Article 3(1)(3), Article 3(1)(vi), Article 3(2), Color marks, Famous mark, Trademark Appeal 05/05/2023

JPO Appeal Board Rejects Hermes Packaging Colors

On April 25, 2023, the JPO Appeal B…

Acquired distinctiveness, Device mark, Famous mark, infringement, Likelihood of confusion, Similarity of mark, Three dimensional mark, Tokyo district court, Trade dress, trademark infringement, Unfair Competition Law 03/26/2023

Hermes Wins Birkin & Kelly Bag’s 3D Trademark Infringement Lawsuit

On March 9, 2023, the Tokyo Distric…

Acquired distinctiveness, Article 3(1)(3), Article 3(2), Color marks, Distinctiveness, Famous mark, IP High Court, Position mark, Trademark Appeal 02/18/2023

Tragic End of Trademark Challenge for Louboutin

In a series of Louboutin’s legal ch…

Acquired distinctiveness, Article 3(1)(3), Article 3(2), Article 4(1)(xvi), Device mark, Famous mark, Three dimensional mark, Trademark Appeal 02/12/2023

JPO Decision: the Volkswagen Beetle 3D shape Lacks Distinctiveness

The JPO Appeal Board affirmed the e…

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…