[Trademark] Reiwa 5 (Gyo-Ke) 10063 <Miyasaka>, the VENTURE case — Composite marks

日本語版 / Japanese version

Article information

Type: Case note

Classification: Trademarks

Topics: Similarity of trademarks

First published on this site: 2023-12-09

Case number: Reiwa 5 (Gyo-Ke) 10063

Display and classification checked: 2026-11-14

[Trademark] Reiwa 5 (Gyo-Ke) 10063 <Miyasaka>, the VENTURE case — Composite marks

Separation is permitted ‘... (1) ... (2) ... (3) where, in light of the appearance, etc. of the trademark, the mark as a whole has little structural unity, traders and consumers understand and apprehend it separately and recognize part of it as an abbreviation, etc., with the result that the component is considered to function independently as an indication of commercial origin.’

⇒ ‘Not every separated component automatically becomes an essential portion ...’

⇒ ‘Yu’ (the character meaning play) is the essential portion of the registered mark

⇒ Dissimilar to the applied-for mark VENTURE

★ As a test for whether a composite mark can be understood and apprehended separately, the court stated (3) as a general proposition in addition to the established (1) and (2)!!

https://www.courts.go.jp/app/files/hanrei_jp/548/092548_hanrei.pdf

Originally published: 2023-12-09

Source: https://ameblo.jp/hideki-takaishi/entry-12831894769.html

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Shared topic: composite marks and trademark similarity：[Trademark] Heisei 28 (Gyo-Ke) 10164

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The first publication date and update dates are recorded separately. Display maintenance does not mean that the legal analysis was re-verified.

2026-11-14: Display and classification maintenance (article information, issue tags, language/SEO links, related articles, and consultation path added).

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