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<Tokyo High Court> 1978 (Gyo-Ke) 30(March 25, 1980) “CUP NOODLE” Case

June 25,2021

Novelty (related to prior arts)

(Conclusion) Novelty should not be found. (Applicant lost.)

As the characters “CUP NOODLE” on the surface of a container is not deemed a “pattern” in this case, these characters do not generate Novelty.

There is room for interpretation that the characters lost their original function as a means of communication and as a result became a pattern.

However, in this case, the characters “CUP” and “NOODLE” are arranged in an ordinary way, and as a result, the characters can be understood as a product name meaning noodle(s) put into a cup.

 <Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>
https://www.ip.courts.go.jp/app/files/hanrei_en/813/001813.pdf

 

 
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