Japan's IP High Court has set new standards for the concept of public order and morality, international good faith and fraud regarding trademark registration in Japan, as Diane Beylier and Yoshitaka Sonoda report.
The IP High Court this year has shown its commitment to taking a tougher stand against trademark registrations that violate public order and morality or are fraudulent, by overruling several Japan Patent Office (JPO) decisions.
The court’s decisions also signify that it will not tolerate trademark registrations that contravene the principles of international good faith, and they are likely in turn to cause the JPO to take a harder line against questionable trademarks that may have been registered for ulterior motives, eg, for fraud (fusei), or that may violate the principles of international good faith (kokusai shingi) or public order and morality (kojo ryozoku).
IP High Court Heisei 23 (gyo-ke) 10399 (May 14, 2012)
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Trademark registration, Japan, public order, Lamborghini, JPO