Patent Case Law and Intellectual Property Practice Blog

Read the Japanese version / 日本語版を読む [Trademarks] Reiwa 7 (Ne) 10068, “2ch” (Presiding Judge 森冨) (First instance: Tokyo District Court, Reiwa 6 (Wa) 70003) The first-instance judgment (Tokyo District Court) that Internet forwarding settings and an on-screen video display did not infringe the “2ch” trademark was upheld. The appellate court upheld the finding that entering a domain name on the DNS forwarding-function settings screen does not constitute “use” of a mark under Trad

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) 10066 [AFURI / Afuri] (Presiding Judge Hasegawa) ⇒ Similar (violation of Article 4(1)(xi) of the Trademark Act). (1) Similarity of concept: The word "AFURI" has a certain degree of recognition in the plaintiff's ramen business. In relation to manufacturing and selling alcoholic beverages, however, sufficient advertising and sales results cannot be confirmed, so it cannot be said to give rise to the concept

Read the Japanese version / 日本語版を読む [Trademark] Appeal No. 2025-3433 Applied-for trademark: "タイロン" (figurative mark) Cited trademark: "TYRONE" ⇒ Not similar Even if they may share one pronunciation, their concepts cannot be compared, and they can be clearly distinguished in appearance. https://lnkd.in/gisApsFC 『【商標】不服2025‐3433 本願商標『タイロン』（図柄）』 — ameblo.jp Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7509882422348406785/

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] Appeal No. 2024-10532 Trademark at issue: "HIKKY" (standard characters) Cited trademarks: "HIKKI," etc. ⇒ Not similar The pronunciation is the same: ヒッキー. They cannot be compared in concept, and there is no likelihood of confusion in appearance. (Translation of the quoted decision) "It cannot be said that distinctiveness based on pronunciation exceeds distinctiveness based on appearance and concept." https://lnkd.in/ge-HsMUq 『【商

Read the Japanese version / 日本語版を読む [Trademark] Case No. 2025 (Gyo-ke) 10066 "AFURI / 阿夫利" (Presiding Judge Hasegawa) The plaintiff (AFURI) had brought a trademark infringement action concerning the sake "雨降 (Afuri)" sold by the defendant (Yoshikawa Jozo). The defendant (Yoshikawa Jozo) requested a trial for invalidation of the plaintiff's "AFURI / 阿夫利" trademark in the alcoholic beverages field, asserting similarity to the cited trademark "阿夫利大山." ⇒ The Japan Patent Office a