Prior application (Design Act Article 9(1))
(Conclusion) Rejected as Prior application (Design Act Article 9(1)).
In cases where the design in the application for design registration of similar design is similar to another person’s design for which an application for design registration has been filed on an earlier date, except where the application for design registration regarding such other person’s design has been withdrawn or invalidated, the application for design registration of similar design should be refused pursuant to the Design Act Article 9(1), irrespective of whether or not such other person’s design is similar to the principal design.
<Writer: Hideki Takaishi (Attorney-at-law licensed in Japan and California)>
https://www.ip.courts.go.jp/app/files/hanrei_en/635/001635.pdf