[Trademark] Tokyo High Court, 2001 (Gyo-Ke) 363 <Nagai>

日本語原文 / Japanese original

Article information

Article type: Case note

Category: Trademarks

Topics: Confusion

First published on this website: 2026-11-01

Display and classification checked: November 2, 2026

Originally published on Ameblo: 2025-01-17 (Japan time). Full English translation.

https://ameblo.jp/hideki-takaishi/entry-12882765471.html

[Trademark] Tokyo High Court, 2001 (Gyo-Ke) 363 <Nagai>

Applied-for mark: “Hoo” (phoenix)

Cited mark: “Hoo” (treasure cherry blossoms)

*At the filing date, the cited mark's owner had been declared bankrupt and its dissolution registered.

⇒ “It was a trademark lacking any substantive goodwill to be protected that should be formed through use by a legitimate owner … nor was there … any possibility of confusion.”

⇒ Article 4(1)(xi) inapplicable.

https://www.courts.go.jp/app/files/hanrei_jp/969/011969_hanrei.pdf

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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.