Articles on Trademark

【Trademark】 Fast-track examination (Changed from February 1, 2020)

【Trademark Act ★】 A case in which the court affirmed the Japan Patent Office’s decision which dismissed a request for trial on the invalidation of a registered trademark for a three-dimensional shape of a “lamp shade”, which is the designated goods of the registered trademark, stating that the registered trademark (the “Trademark”) corresponds to a “trademark [that] consists solely of a mark indicating, in a common manner, in the case of goods, …shape” set forth in Article 3, Paragraph 1, Item 3 of the Trademark Act; however, it corresponds to a “trademark that…may be registered if, as a result of the use of the trademark, consumers are able to recognize the goods…as those pertaining to a business of a particular person” set forth in Article 3, Paragraph 2 of the same Act; and it further does not correspond to a “trademark [that] consists solely of features…that are naturally provided to goods…” set forth in Article 4, Paragraph 1, Item 18 of the same Act, nor a “trademark [that] is likely to negatively affect public policy” set forth in Article 4, Paragraph 1, Item 7 of the same Act; and therefore, the Trademark cannot be invalidated pursuant to the provision of Article 46, Paragraph1 of the same Act.

【Trademark Act ★★】 A case in which the court revoked a decision of the Japan Patent Office which refused an application for registration of the mark “EQ” on the grounds that the mark “EQ” corresponds to a “trademark which consists solely of a very simple and common mark” set forth in Article 3, Paragraph 1, Item 5 of the Trademark Act, and it does not correspond to a “trademark which, as a result of the use of the trademark, consumers are able to recognize the goods or services as those pertaining to a business of a particular person” set forth in Article 3, Paragraph 2 of the same Act.

Fast-track examination

Amendment of practice about a preliminary notice of rejection based on the Principal Paragraph of Article 3 (1)

Amendment of Trademark Act Registration of Non-traditional Trademarks

Tokyo District Court issued a first judicial ruling for the book scanning service

Copyright Law amended to make illegal downloads incur criminal penalty