Position mark

Acquired distinctiveness, Article 3(1)(iii), Color marks, Device mark, Famous mark, Inherent distinctiveness, Position mark 02/28/2026

JPO denied registration of Thom Browne RWB Stripe as a color mark three times in a row

The JPO examiner rejected Thom Brow…

Article 3(1)(vi), Device mark, Distinctiveness, New Trademark Law, Non-Traditional trademark, Position mark, Trademark Appeal 01/21/2024

Hummel Victory in Appeal to Overcome Rejection against Chevron Position Mark

The Japan Patent Office (JPO) Appea…

Acquired distinctiveness, Article 3(1)(3), Article 3(2), Color marks, Distinctiveness, Famous mark, Non-Traditional trademark, Position mark, Trademark Appeal 08/26/2023

Japan IP High Court Decision to A Position Mark of Dr. Martens’ Yellow Welt Stitch

On August 10, 2023, the Japan IP Hi…

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, 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…

Color marks, Distinctiveness, Famous mark, Likelihood of confusion, Non-Traditional trademark, Position mark, Similarity of mark, Tokyo district court, Unfair Competition Law 03/13/2022

Louboutin Unsuccessful in Litigation over Red Soles

On March 11, 2022, the Tokyo Distri…

Acquired distinctiveness, Article 3(1)(vi), Article 3(2), Distinctiveness, IP High Court, New Trademark Law, Non-Traditional trademark, Position mark, Trademark Appeal 09/13/2020

Japan IP High Court Ruling on Distinctiveness of Position Mark

On August 27, 2020, the Japan IP Hi…

Acquired distinctiveness, Article 3(1)(3), Distinctiveness, IP High Court, New Trademark Law, Non-Traditional trademark, Position mark 02/29/2020

First ruling by IP High Court on New Type of Trademark in Japan

On February 14 2020, the Japan IP H…

Article 3(1), Intent to use, Position mark 03/26/2017

RED TAB jeans position mark is subject to cancellation in association with goods not having “a back pocket of trousers”

The opposition board of JPO decided…