[Trademark] IP High Court, Case No. 2024 (Gyo-ke) 10107
更新日：10月28日
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.
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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.
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