[Trademark] IP High Court, Case No. 2024 (Gyo-ke) 10107

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Article information

Article type: Case note

Display and classification checked: 2026-09-30

Categories: Trademarks

Topics: Similarity of trademarks / Distinctiveness

Published on this website: 2026-09-29

[Trademark] IP High Court, Case No. 2024 (Gyo-ke) 10107

[Kirin Foods] (Presiding Judge Nakadaira)

Falls under Article 4(1)(xi) of the Trademark Act. ⇒ Invalid.

<1> Separate observation of the figurative and textual portions

The figurative and textual portions of the trademark do not overlap and are clearly separated vertically. The textual portion is approximately as wide as the figurative portion, and the words "Kirin Foods" can be clearly recognized. They are therefore not found to be combined so inseparably that observing them separately would be unnatural in trade.

<2> Extraction of "Kirin" as the essential portion

The katakana term “フーズ” (fūzu) is widely recognized as a rendering of the English word “foods”, and there are numerous examples of "Foods" being added after a famous company name to indicate a food company. Its source-distinguishing capacity is therefore weaker than that of "Kirin." Accordingly, "Kirin" can be extracted as the essential portion.

<3> Similarity assessment

The essential portion "Kirin" and each cited trademark share the pronunciation "Kirin" and the concept of the imaginary animal "qilin." The differences in appearance are not so pronounced as to outweigh the impression produced by the common pronunciation and concept.

The designated goods are also identical or similar.

https://lnkd.in/gp3NVUvk

https://lnkd.in/gCNTsksk

hanrei-pdf-94198.pdf — courts.go.jp

Originally posted on LinkedIn: https://www.linkedin.com/feed/update/urn:li:activity:7510137266548273152/

Related articles and decisions

Shared topic: Similarity of trademarks — [Article / Trademarks] Similarity of composite marks containing place names for the service “providing food and drink” (Shoji Nakamura, Patent, March 2024)

Shared topic: Distinctiveness — [Trademark] IP High Court, Case No. 2025 (Gyo-ke) 10072

Shared topic: Distinctiveness — [Trademark] IP High Court, Case No. 2025 (Gyo-ke) 10004

Updates and corrections

This log starts on 30 September 2026. Display and classification checks are distinct from a review of the legal analysis.

2026-09-30 — Presentation update: added the article type, this change log and a link to consultation options. The existing article text was preserved.

2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.

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October 28, 2026 — HT: Corrected verified names, case references, court labels, wording or judgment links where applicable. Existing commentary and materials have been retained.