[Trademark] Case No. 2024 (Gyo-ke) 10107
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Categories: Trademarks
Topics: Similarity of trademarks / Distinctiveness
Published on this website: 2026-09-29
[Trademark] Case No. 2024 (Gyo-ke) 10107
[Kirin Foods] (Presiding Judge Nakahira)
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
"Foods" is well known as the katakana rendering of the English word "foods," meaning food, 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.
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