Trade dress

Acquired distinctiveness, Article 3(1)(iii), Article 3(2), Distinctiveness, Famous mark, Three dimensional mark, Trade dress, Trademark Appeal 10/18/2025

JPO Rejected 3D shape of KitKat 2 Finger Mini Chocolate Wafers as Trademark

The Japan Patent Office (JPO) Appea…

Acquired distinctiveness, Article 3(1)(iii), Article 3(2), Famous mark, Three dimensional mark, Trade dress 08/09/2025

JPO Grants TM Registration for 3D Shape of the Popular Pocky Cookie

On July 25, 2025, the Japan Patent …

Color marks, Composite mark, compound mark, Design invalidation, Device mark, Distinctiveness, Famous mark, Invalidation, IP High Court, Letter of consent, Likelihood of confusion, Madrid Protocol, New Trademark Law, Opposition, Similarity of mark, Trade dress, Trademark Appeal 12/29/2024

Top 10 Trademark News in Japan, 2024

As the year 2024 comes to an end, i…

copyright, Three dimensional mark, Trade dress, Unfair Competition Law 10/19/2024

Japan IP High Court Decision: 3D shape of Stokke “TRIPP TRAPP” high chair Unprotectable under Copyright Law

On September 25, 2024, the Japan IP…

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…

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…

alphabetical name, Article 4(1)(x), Article 4(1)(xi), Article 4(1)(xix), Article 4(1)(xv), Bad faith, Famous mark, Likelihood of confusion, Opposition, Similarity of mark, Trade dress 01/22/2022

Failed trademark opposition by HERMES against HAIRMES

On December 1, 2021, the Japan Pate…

Tokyo district court, Trade dress, Unfair Competition Law 09/25/2021

Tokyo District Court awards record damages of JPY200M over a dead copy of bra design

The Tokyo District Court, on Septem…

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, Famous mark, infringement, Likelihood of confusion, Trade dress, Unfair Competition Law 07/21/2019

JPY 71 Million Damages Award Against Design Copycat of BAO BAO ISSEY MIYAKE

In a civil legal battle involving d…