Three-Dimensional Trademark — IP High Court, 2024 (Gyo-Ke) 10047: Shin Godzilla (Miyasaka)
Updated: 2 days ago
Article information
Article type: Case note
Categories: Trademarks
Topics: Distinctiveness, Well-known and famous marks
First published on this website: 2026-10-16
Display and classification checked: 2026-10-17
Case information: 2024 (Gyo-Ke) 10047
Trademark / Three-Dimensional Trademark / Article 3(2) — IP High Court, 2024 (Gyo-Ke) 10047 (Miyasaka)
* Article 3(2) applied to the three-dimensional trademark for a Shin Godzilla figurine.
(Excerpts from the decision)
The three-dimensional shape of Shin Godzilla differs in overall proportions from earlier Godzilla characters: the head is smaller, the thinness of the forelimbs (arms) is more pronounced, and the tail is thicker and longer. It also differs in that reddish coloring has been added, particularly from the back through the tail. As the defendant argues, it is therefore inappropriate to regard the two as identical (substantially identical). However, even if the direct object of “use” under Article 3(2) of the Trademark Act is limited to the three-dimensional shape of Shin Godzilla, when determining whether that use has resulted in “consumers being able to recognize the goods as pertaining to the business of a particular person,” nothing precludes consideration of the influence on consumer recognition of the entire “Godzilla” film series leading up to “Shin Godzilla.” Rather, such consideration is necessary.
…
The defendant criticizes each element of the plaintiff’s allegations and proof: there are few types of magazines featuring the goods bearing the mark; the audiences for the books and exhibitions with sales are limited; permanent installations of Godzilla statues are confined to four locations in Tokyo; and the survey contains no question about the relationship between the three-dimensional shape of the applied-for trademark and the plaintiff. However, these are merely minor issues in the face of the overwhelming recognition of the Godzilla character and cannot affect the finding in (2) above.
Originally published: 2025-03-20
Original Japanese post: https://ameblo.jp/hideki-takaishi/entry-12890680721.html
Figure caption: Annex 2 — Trademark at issue (Shin Godzilla).
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2026-10-16: The AMEBLO source was first published on this website.
2026-10-17: Added classification, topic tags, article information, translation navigation, related articles, consultation guidance, and SEO. The original article text was not changed.
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