[Trademark] 2023 (Gyo-Ke) 10095 <Miyasaka> *Hermès' Orange Box — Trademark Act Article 3(2) not applicable
Updated: 1 day ago
Article information
Article type: Case note
Category: Trademarks
Topics: Distinctiveness
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-08-13 (Japan time). Full English translation.
[Trademark] 2023 (Gyo-Ke) 10095 <Miyasaka> *Hermès' Orange Box — Trademark Act Article 3(2) not applicable
A trademark for a packaging box consisting solely of the combination of orange over the entire box and brown around its upper perimeter (commonly called the orange box) (Hermès)
⇒ Because the designated goods/services include inexpensive everyday goods such as “leather creams, watches, key rings, paper boxes, etc., stationery, diaries, photo frames, backpacks, card holders, and umbrellas,” the relevant consumers are consumers generally.
⇒ Trademark Act Article 3(2) not applicable (distinctiveness for goods/services through use and advertising denied)
https://www.nakapat.gr.jp/ja/legal_updates_jp/【商標法★】箱全体の橙色（ｒｇｂの組合せ：ｒ/
Update history
The first-published date remains unchanged. Display maintenance, classification changes, related-article updates, and text corrections are recorded separately.
November 1, 2026: First published on this website.
November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
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