[Trademarks] Reiwa 6 (Gyo-Ke) No. 10058 (Judge Hibiku Shimizu)
Updated: 3 hours ago
Article information
Article type: Case note
Categories: Trademarks
Topics: Distinctiveness
First published on this website: 2026-10-16
Display and classification checked: 2026-10-17
Case information: Reiwa 6 (Gyo-Ke) No. 10058
[Trademarks] Reiwa 6 (Gyo-Ke) No. 10058 (Judge Hibiku Shimizu)
Three-dimensional shape of a support base for a dental model
→ Registration refused under Article 3(1)(iii); Article 3(2) not satisfied.
(Excerpt from the judgment, translated; portions omitted)
① A generally cuboid shape with a substantially oval top and a hollowed-out bottom, and
② regularly arranged holes, recesses and projections on its top and sides, are ordinary shapes for a support base. …
③ On the top, five holes are equally spaced in a central row. Sloping continuous projections lie inside both longitudinal edges, with several semicircular notches in their slopes (first characteristic shape). A row of small dotted projections lies between one continuous projection and the central holes (second characteristic shape). Both serve the product's function: connecting and securely fixing the support base to the dental-model fixing plate, which together form the working dental model, through insertion of dowel pins and engagement with notches and projections, or increasing their connection strength.
The arrangement of the continuous projections inside both edges and the row of small projections also enhances aesthetic appeal. Many similar competing products have various irregularities, recesses and projections around the top holes and edges. The plaintiff's patent specification also describes a base with similar three-dimensional features and discloses that these projections and recesses assist connection and further increase the strength of the connection between the base and fixing plate.
In light of these facts, the shape, including its characteristic features, objectively falls within the foreseeable range of choices intended to serve function or aesthetics for similar goods under constraints arising from the goods' uses and nature. Since the mark includes no sign other than the product's three-dimensional shape, consumers would perceive it as consisting solely of an indication, in an ordinary manner, of the shape of the designated dental-model support base, without distinctiveness. …
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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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