Organisation: JPO

The Intellectual Property High Court has overturned a trial decision of the Patent Office in proceedings for the cancellation of a figurative mark, holding that the plaintiff’s registered trademark was identical to the mark actually used in Japan in connection with the designated goods. Among other things, the court concluded that the additional elements found in the mark as used did not have any particular source-identifying function.

30 October 2012

In <i>Kowa Company Ltd v Commissioner of the Japan Patent Office</i>, the Intellectual Property High Court has held that there was a likelihood of confusion between the mark レインボー (Japanese for 'rainbow') and the figurative mark RAINBOW. Among other things, the court found that the word 'rainbow' in the bottom part of the figurative mark would attract the most attention.

10 September 2012