IP High Court

Acquired distinctiveness, Article 3(1)(3), Article 3(2), Device mark, Distinctiveness, Famous mark, IP High Court, Trademark Appeal 04/28/2024

IP High Court Rejected TM Registration of AP “ROYAL OAK” Watch Design

On March 28, 2024, the Japan IP Hig…

Acquired distinctiveness, Article 3(1)(3), Article 3(1)(vi), Article 3(2), Color marks, Descriptive mark, Distinctiveness, Famous mark, IP High Court, Non-Traditional trademark, Three dimensional mark, Trademark Appeal 04/21/2024

Japan IP High Court said No to registering the color of Hermes packaging

The Japan IP High Court ruled to di…

Article 5(ii), Design invalidation, Device mark, Famous mark, Invalidation, IP High Court, Likelihood of confusion, Similarity of mark, Three dimensional mark, Trade dress 03/16/2024

Hermes Victory with Invalidating Birkin Lookalike Design

The Japan IP High Court has ruled i…

alphabetical name, Article 4(1)(xi), Article 4(1)(xv), Famous mark, IP High Court, Likelihood of confusion, Opposition, Similarity of mark 11/05/2023

Trademark dispute: HITACHI vs hitasi

On October 16, 2023, the Japan Pate…

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), 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…

Article 4(1)(vi), Famous mark, IP High Court, Opposition, Similarity of mark, Trademark Examination Guideline 01/29/2023

“OLYMPIAD vs OLYMBEER” trademark battle

The Japan IP High Court reversed 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 …

alphabetical name, Article 50, Cancellation trial, IP High Court, Non-use cancellation, Trademark Examination Guideline, Trademark Examination Manual 04/10/2022

Japan IP High Court Ruling: “Designed, Quality-controlled in France” is not equivalent to “Made in France”

On March 22, 2022, in an appeal aga…

Article 4(1)(i), Article 4(1)(iv), Device mark, Figurative mark, infringement, IP High Court, similarity of goods, Similarity of mark, Tokyo district court, Trademark Examination Guideline, trademark infringement 05/02/2021

IP High Court affirmed TM infringement in favor of Wenger over cross design

On April 21, 2021, the Japan IP Hig…