[Trademark] Osaka District Court, 2022 (Gyo-Ke) 9818 — “Emergency Heat Countermeasure Kit” ⇒ No Distinctiveness
更新日：3 日前
Article information
Article type: Case note
Category: Trademarks
Topics: Distinctiveness
First published on this website: 2026-11-01
Display and classification checked: November 2, 2026
Originally published on Ameblo: 2024-11-25 (Japan time). Full English translation.
[Trademark] Osaka District Court, 2022 (Gyo-Ke) 9818
Registered mark “Emergency Heat Countermeasure Kit”
⇒ Distinctiveness denied (Trademark Act Article 3(1)(iii))
*Actual trading circumstances: at the registration decision date, third parties used “Emergency Heat Countermeasure Kit” to mean heatstroke countermeasures.
⇒ It is not unnatural to understand “necchu” as “necchusho” (heatstroke) with “sho” (condition) omitted.
Translator’s notes (editorial)
The source identifies the court as Osaka District Court but gives the case category 行ケ (Gyo-Ke). This unusual combination is preserved, not silently corrected.
Update history
The first-published date remains unchanged. Display maintenance, classification changes, related-article updates, and text corrections are recorded separately.
November 1, 2026: First published on this website.
November 2, 2026: Added article information, classification, topics, language navigation, related articles where the same case was confirmed, consultation guidance, and SEO. The original text and first-published date were preserved.
