Patent Case Law and Intellectual Property Practice Blog

Read the Japanese version / 日本語版を読む [Trademarks] Reiwa 6 (Gyo-Ke) 10098, “Health and Productivity Management EXPO” (健康経営EXPO) (Presiding Judge 本多) Falls under Trademark Act Article 3(1)(iii) → Refusal “Health and productivity management” (健康経営) is a dictionary-listed compound meaning “a management approach that maintains and improves the health of people working in a company and enhances organizational soundness.” (Translation of the quoted definition.) “EXPO” is an English w

Read the Japanese version / 日本語版を読む [Article / Trademarks] Similarity of composite marks containing place names for the service “providing food and drink” (中村祥二, Patent, March 2024) 1. The issue For composite marks combining a place name and a shop name, the issue in JPO registrability examination is which of two approaches to take. Some decisions extract a portion, excluding the weakly distinctive place name and comparing only the remaining characters with other marks; other

Read the Japanese version / 日本語版を読む [Trademark] Case No. 2025 (Gyo-ke) 10072 [Aoba Dermatology Clinic] (Presiding Judge Nakahira) *No violation of Article 3(1)(iv) of the Trademark Act. As to the textual portion "Aoba" in the trademark, it is unclear to consumers whether it is used in the sense of "green, young leaves, fresh greenery," etc., as a surname, or as a place name. The surname "Aoba" ranks only 5,492nd nationwide, with approximately 1,800 people, and cannot be calle

Read the Japanese version / 日本語版を読む [Trademark Act, Article 3(1)(iii)] Case No. 2025 (Gyo-ke) 10070 [Ethical Grain] (Presiding Judge Masuda) The Japan Patent Office consistently wrote and interpreted "logical" (ronriteki), where it should have said "ethical" (rinriteki), in the core of its determination!! ⇒ Trial decision revoked. (Excerpt from the judgment — translated) Although the trial decision found in its determination that "ethical" means "ethical," etc., in the subseq

Read the Japanese version / 日本語版を読む [Trademark] Case No. 2024 (Gyo-ke) 10107 [Kirin Foods] (Presiding Judge Nakahira) Falls under Article 4(1)(xi) of the Trademark Act. ⇒ Invalid. <1> Separate observation of the figurative and textual portions The figurative and textual portions of the trademark do not overlap and are clearly separated vertically. The textual portion is approximately as wide as the figurative portion, and the words "Kirin Foods" can be clearly recognized. The

Read the Japanese version / 日本語版を読む [Trademark] Case No. 2025 (Gyo-ke) 10004 [Direct Marketing Agency] (Presiding Judge Honda) *Falls under Articles 3(1)(iii) and 4(1)(xvi). ⇒ Refusal. • "Direct marketing" is listed in dictionaries as an established expression meaning "a sales promotion method that provides product information directly to consumers through various media." "Agency" means an agency, and the form "○○ agency" is widely used to indicate an agency for a particular