Enforcement Date of Partial Revision of the Patent Act, etc.

On November 1, 2019, the Cabinet approved the Cabinet Order for Stipulating the Enforcement Date of the Act for Partial Revision of the Patent Act, etc. (hereinafter referred to as the “Revised Act”). The Cabinet Order is to stipulate the enforcement date prescribed in the main clause of Article 1 of the Supplementary Provisions of the Revised Act as April 1, 2020.
内阁批准关于「专利法等部分修订法案的实施日期」的内阁命令。
2019年11月1日,内阁批准内阁命令,规定专利法等部分修订法案(以下简称“修订法案”)的实施日期。修订法案补充条款第一条规定实施日期为2020年4月1日。
內閣批准關於「專利法等部分修訂法案的實施日期」的內閣命令
2019年11月1日,內閣批准內閣命令,規定專利法等部分修訂法案(以下簡稱”修訂法案”)的實施日期。修訂法案補充條款第一條規定實施日期為2020年4月1日。

“Taj Mahal” registered in Japan

Examiner:
“The letters” Taj Mahal “represent a famous tomb in India.
The consumer recognizes that it is goods manufactured or sold in Taj Mahal and the surrounding area”.
It merely indicates the place of production or sale of the goods in a commonly used manner.

Judgment of the trial (judgment of 3 judges):
By ex officio investigation, the fact that “Taj Mahal” is generally used in business cannot be found as the place of production or sale of haursia which is a kind of succulent plant.

It was not possible to find the circumstances that the consumer should recognize it as the expression of the product area, sales place, etc.

It cannot be judged that it indicates the place of production of the goods, the place of sale, etc., nor can it be judged that there is a possibility of misidentification of the quality of the goods.

Appln.No. 2016-143567(T2016-143567)
Appeal No. 2018-8340

Comment:
A trademark representing a famous tourist destination such as “Taj Mahal” is registered OK! under some conditions.

judgement of similarity: YUME and DREAM

Suntory Holdings has registered the trademark “Yume” in kanji (it means dream) for the goods “beer, beer flavored low-malt beer” in class 32.

Then, Asahi group Holdings has raised an opposition for the cancellation of the above trademark registration based on their registered trademarks “DREAM” (and two others).

Finally, JPO has judged “the appearance and the appellations are quite different although both concepts (meanings) have in common, that is, both are dissimilar trademarks.”

In other words, we need to obstruct that the third party registers a trademark “DREAM” if we register the trademark “Yume”.

The reverse is also true.

Hmm, what a mess!

Misregistration…?

 

 

 

 

The trademark (No. 5878610) attached here is clearly similar to another person’s registered trademark “FINE” (No. 5879869) (it’s ordinary typeface). Although the trademark was filed later, it was registered earlier than the above mentioned others.

Then, this registration of the trademark was canceled by “opposition” which is a system to complain about someone’s trademark registration.

This case means it is important to pay attention to what kind of trademark was registered.

Same Pronunciation but Dissimilar

トラりん1The examiner judged,
both trademarks have same pronunciation, TORARIN(tolalin).
However, these appearances and impressions are totally different.

074170169710002

WANDA vs WONDA

Japanese Patent Office judged as below:

Though the marks WANDA and WONDA have a same pronouciation, they are not similar with each other, because these marks are short and have clear difference in these appearance due to the word, A and O in these front part.
(No.2016-900203, Opposition case)

New LOGO

We decided our firm’s new logo.
Keep in mind, please!

We will be changing every part gradually. Thank you!

カラーロゴのみ

“SKYBERRY” was registered in China

A famous strawberry name in Japan, “SKYBERRY” was registered in China by chinese company who has not permission from the Japanese maker.(2017.9.7)

SCT 37 at WIPO

SCT 37 at WIPO

IMG_0702[1]

I attended at SCT 37 session held at WIPO as a observer on behalf of JTA.