[Trademarks] IP High Court, Reiwa 6 (Gyo-Ke) No. 10038
Updated: 4 days ago
Article information
Article type: Case note
Category: Trademarks
Topics: Distinctiveness, Examination and appeal practice
First published on this site: 2026-10-10
Display/classification checked: 2026-10-10
[Trademarks] IP High Court, Reiwa 6 (Gyo-Ke) No. 10038
Applied-for mark: “新生甘酒” (Shinsei amazake)
→ No distinctiveness (contrary to Article 3(1)(iii) of the Trademark Act).
1. If understood as “新生” + “甘酒”
It could ordinarily be used for amazake whose ingredients, manufacturing method or other aspects have been changed.
2. If understood as “新” + “生甘酒”
It could ordinarily be used for new “生甘酒” (unheated amazake).
(Excerpts from the judgment, translated; portions omitted)
1. Both “新生” and “甘酒” are common dictionary words. In light of the actual trade circumstances concerning “新生” that existed at the time of the trial decision, the applied-for mark is recognized as a name generally referring to amazake whose content has been renewed by changing its ingredients, manufacturing method or other aspects. It could ordinarily be used to describe such amazake. When used for the designated goods, traders and consumers would generally recognize it as indicating the quality of the goods. [...]
2. If “新生甘酒” is understood as combining “新” and “生甘酒,” consumers encountering it on the designated goods would recognize it as a name generally referring to unheated amazake manufactured that year, or new amazake whose manufacturing method or characteristics differ from previous products. [...] “生甘酒” was also used in trade to mean “amazake manufactured without heat treatment.” Accordingly, the combined term “新生甘酒” could ordinarily be used for unheated amazake manufactured that year, or new amazake whose manufacturing method or characteristics differ from previous products. [...]
Original article (2025-08-07):
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This history records actual publication, display, and classification changes made on this site.
2026-10-10: First published the LinkedIn original on this site and set the classification, article information, and consultation link.
2026-10-10: Aligned the translation link, canonical URL and hreflang with the verified public URLs.
2026-10-10: Updated topic tags and related-article links. The original article text was not changed.
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