Patent Case Law and Intellectual Property Practice Blog

日本語版: https://www.takaishihideki.com/single-post/linkedin-7511584901020741632-ja Article information Content type: Publication review Categories: Trademarks / United States / China / South Korea / Europe / Other foreign jurisdictions Issues: Distinctiveness / Descriptive marks First published on this site: 2026-10-03 Display and classification checked: 2026-10-03 [Trademarks / Article] “Onomatopoeia as trademarks: Current conditions in Japan and other countries” (Masako Nishi

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:

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

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.)

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; others compare the mark as a whole. This appears inconsistent.

[Aoba Dermatology Clinic] (Presiding Judge Nakadaira) *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.

[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.

[Kirin Foods] (Presiding Judge Nakadaira) Falls under Article 4(1)(xi) of the Trademark Act. ⇒ Invalid. <1> Separate observation of the figurative and textual portions

[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."