Trial and Appeal Practitioners Study Group Report 2024 — Case 6 (Trademarks)
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Article information
Article type: Reports and activities
Category: Trademarks
Topics: Distinctiveness, Examination and appeal practice
First published on this site: 2026-10-11
Display/classification checked: 2026-10-11
Trial and Appeal Practitioners Study Group Report 2024 — Case 6 (Trademarks)
[Application of Article 3(1)(iv) of the Trademark Act to a mark combining a common surname and a customary name]
IP High Court, Reiwa 5 (Gyo-Ke) No. 10031 — Ikegami Seimensho
Where a meaning other than a surname is better known and the word is ordinarily perceived in that other sense, such circumstances may affect whether it is a “common surname.”
As to how the number of people bearing the surname may be considered, most participants acknowledged the rationality of a numerical criterion to ensure objectivity, while considering it difficult to draw a line at a specific number.
A surname forming a mark may be “common” even if relatively few people bear it:
① where it is the surname of a historical or fictional person;
② where it is concentrated in a particular region.
Regarding the provision applicable to composite marks combining a common surname with a customary industry name, some decisions differ from this judgment and apply item (vi) when refusing registration (IP High Court, March 11, 2024 — Tanaka Hashiten).
Original article (2025-07-30):
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2026-10-11: First published the LinkedIn original on this site and set the classification, article information, and consultation link.
