On January 31, 2012, the IP High Court of Japan delivered a groundbreaking appellate decision concerning the registrability of a trademark.
On January 31, 2012, the IP High Court of Japan delivered a groundbreaking appellate decision concerning the registrability of a trademark in a lawsuit seeking to reverse a decision of an appeal trial board of the Japan Patent Office (JPO) rejecting a trademark application.
The appeal to the IP High Court against the JPO was conducted by our firm on behalf of a client, Shiraken Kamaboko Co Ltd.
Shiraken Kamaboko had filed with the JPO an application to register the mark ‘海葉’, which comprises two Chinese characters, designating kamaboko (boiled fish-paste). The JPO examiner decided to reject the trademark application on the grounds that the applied-for trademark is similar to the prior registered trademark ‘海陽’, which also comprises two Chinese characters, and the designated goods of the applied-for trademark are identical to those of the cited trademark.
To continue reading, you need a subscription to WIPR. Start a subscription to WIPR for £455.
In-house feature articles, the archive and expert comment require a paid subscription. Subscribe now.
Want to give it a try? We are offering a two week free trial to the WIPR website – register and select “Free Trial” to begin access to the full WIPR archive and read the latest news, features and expert comment. Begin your free trial here.
Is your 2 week free trial about to end? Upgrade to a 12 month subscription for £455 now.
If you have already subscribed please login.
If you have any technical issues please email tech support.
similar trademarks, Shiraken Kamaboko, JPO, TANTO