Patent Case Law and Intellectual Property Practice Blog

日本語版: https://www.takaishihideki.com/single-post/linkedin-7511584405119827968-ja Article information Content type: Publication review Categories: Trademarks Issues: Trademark similarity / Composite marks / Trading circumstances First published on this site: 2026-10-03 Display and classification checked: 2026-10-03 [Article / Trademarks] Recent court cases on trademark similarity, focusing on Article 4(1)(xi) of the Trademark Act (Tomohiko Yamada, Patent, October 2025) 1. The

日本語版: https://www.takaishihideki.com/single-post/linkedin-7511583860409835521-ja Article information Content type: Publication review Categories: Trademarks Issues: Distinctiveness / Appeal decision revocation actions First published on this site: 2026-10-03 Display and classification checked: 2026-10-03 [Article / Trademarks] Current conditions and issues in recent appeal decisions against refusals concerning trademark distinctiveness (Rui Asada and Tomohiko Yamada, Patent,

日本語版を読む / Japanese version Article information Article type: Case note Category: Trademarks Topics: Similarity of trademarks, Distinctiveness, Confusion, Abuse of rights, Patent corrections First published on this website: October 2, 2026 Case number (as stated in the source): Osaka District Court, Reiwa 6 (Wa) 5007 Display/classification checked: 2026-10-10 [Trademarks] Osaka District Court, Reiwa 6 (Wa) 5007, “Awa koi ichigo” <Presiding Judge Matsukawa> Trademark at issue:

An implied licence to use the trademarks was found, based on circumstances including the appellant's failure to raise objections for approximately 18 years to the appellee's unauthorized use of the trademarks (including “SUPER JET BUBBLE”). The appellant's representative and the appellee had cooperated in conducting related business for many years.

Five points for assessing non-trademark use are organized. <Practical steps to avoid conflict> ① Step 1: Consider descriptiveness

1. Classification and identification of goods/services in virtual spaces Examination practice in different countries and regions shares the following understanding. “Virtual goods” alone is unclear in scope; the relevant content must be specifically identified, as in “downloadable virtual clothing.”

1. The core of Japan's consent system: A reserved-consent system Unlike many other countries, Japan uses a reserved-consent system. ⇒ Consent from the cited trademark's proprietor alone does not secure registration. Registration under Trademark Act Article 4(4) is allowed only if the JPO ultimately finds no likelihood of confusion as to source.

⇒ Similar (separate assessment of figurative and word elements permitted) (1) Similarity of the marks

1. Branding by vegetable producers Separate breeders' rights from trademarks: Registered variety names enter the public domain after the protection term, so obtain trademark rights too. For brands closely linked to a region, strategically distinguish between the GI and regional collective trademark systems.

Explore articles on damages, injunctions and proof of infringement. The relevant considerations differ across legal fields and cases; consult the individual articles and their sources.