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Patents/utility models
As of March 6, 3, the Japan Patent Office has added new patent examination cases related to AI-related technologies to the "Patent and Utility Model Examination Handbook." In addition, on the Japan Patent Office website "About explanatory materials for cases related to AI-related technologies," ・Materials explaining 13 newly added cases in slide format ・Full text of all cases related to AI-related technologies
- Reiwa 5 (Gyoke) No. 10071 Request for rescission of trial decision (December 2023, 12) - (Plaintiff) Rainbow Shake Co., Ltd. / (Defendant) Summary of Judgment from the Japan Patent Office Regarding designs cited, Article 25 of the Design Act A case in which it was disputed whether the exception to lack of novelty in paragraph XNUMX should be applied. The plaintiff claims that the cited design does not meet the ``exception rule for loss of novelty of a design.''
Comparison of variety protection systems and points for foreign applications Japan, China, South Korea, United States Number of annual applications in Japan (2021) Approximately 776 Jurisdictional organization Ministry of Agriculture, Forestry and Fisheries Protection period 25 years after registration (30 years for trees, etc.) Application language Japanese Required application documents such as variety registration application, manual, photo, etc. *Required document characteristics table if applicable
- Reiwa 5 (Gyoke) No. 10008 Request for rescission of trial decision (June 2023, 6) - [Plaintiff] Taisei Corporation, Kengo Kuma Architects and Urban Design Office [Defendant: Owner of the design in question] Kobayashi Kawara Kogyo Co., Ltd., Hekinan Ceramics Co., Ltd., Shinnaka Judgment Summary Summary of the Judgment The design in question was maintained in the invalidation trial (invalidation 12-2021) (Design Registration No. 880006)
The standard character system is a system in which, among trademarks consisting only of characters, those in a character typeface (standard characters) predetermined by the Commissioner of the Japan Patent Office are announced and registered as the display mode of the trademark. If the following requirements are not met, an application can be filed by simply stating in the application the trademark for which the applicant wishes to register, based on the applicant's declaration of intention (Article 5 of the Trademark Law).
Introduction Common naming of goods and services refers to a name that was originally named as a name for goods or services, but as a result of being widely used, it is no longer recognized as an identification mark for one's own or other goods, and is now used as a general name. It means that it has become. If this common name change occurs before the decision is made, the trademark cannot be registered (Article 3, Paragraph 1, Item 1 of the Trademark Law);
Adidas vs. Thom Browne - Trademark Infringement and Trademark Dilution - Lawsuit In July 2021, sportswear brand Adidas sued luxury apparel brand Thom Browne for four stripes and grosgrain (red, white, blue and three stripes of the same width). The main line and ultra-thin white lines on both sides (Thom Browne claims it's 7 stripes) are Adidas' registered trademarks.
Amendment of Article 4, Paragraph 1, Item 11 of the Trademark Act - Introduction of reserved consent system - *Information as of October 2023, 10 (especially opinions from the 24st Trademark Examination Standards Working Group dated July 7) It is based on. Please note that actual operations may differ. Summary of the current system
Introduction to trademark judgment regarding illustrations on T-shirts - Reiwa 3 (Wa) No. 10991 Damage claim case (September 2023, 9) - (Plaintiff: Trademark owner) Fathom Co., Ltd. / (Defendant) Co., Ltd. Stripe International Judgment Summary Regarding the defendant's mark (illustration) attached to the T-shirt sold by the defendant,
商標法第4条第1項第8号の改正～他人の氏名を含む商標の登録要件緩和～2024年に商標法第4条第1項第8号の改正が予定されております。本改正により、他人の氏名を含む商標の登録要件が緩和される予定ですので、下記の通り改正の経緯と改正の内容をお伝えいたします。※2023年12月15日時点におけ