Announcement of revision of trademark examination standards and examination manual
May 19, 2017
Japan Patent Office announces revision of trademark examination standards and examination manual.Revised standards and examination manual applies to the examinations as of April 1, 2017. The main changed points of the examination standards are as follows.
(1)Regarding institutions of public interest and so on (article 4(1) i-v), registered varieties (xiv) and origin of wines (xvii).
Examples of objected marks are shown, criteria are added or corrected for the judgement of the similarity, and interpretation of the legal terms are specified.
(2)Contravention of Public Order or Morality (article 4(1)vii)
With reference to court cases, the types and examples applicable and relevant to this paragraph are specified.
(3)Regarding Names of Another Person (article 4(1) viii).
The range which “Another Person” means and criteria of famousness etc. for the judgment are specified.
(4)Judgment of the similarity (similarity of appearance, sound, and concept, the similarity of goods and services, similarity of the composite trademark, consideration about the trade condition) (article 4(1) xi)
Clarification of each factor of appearance, sound, and concept. Addition and revision of examples.
Also, it is stated that if the applicant and the person holding the said trademark right are in the relationship of controlling interest and as long as the person holding the said trademark agrees with the registration of the application, this subparagraph does not apply.
(5)Another person’s well-known trademark (article 4(1)x), confusions about the source of goods or the titles (article 4(1) xv), trademarks identical with or similar to the other persons’ trademark which is well-known among consumers in Japan and which is used for an unfair intention (article 4(1) xix).
Clarification of the meaning of the standards, and so on.
(6)Other
When the same person files the same trademark application, if all the designated goods or the designated use are identical with the previous filed application or registered mark, it will be noticed the reason of refusal as “against the purpose of the Trademark Law, article 3”
Japan Patent Office announces revision of trademark examination standards and examination manual. Revised standards and examination manual applies to the examinations as of April 1, 2017. The main changed points of the examination standards are as follows.
(1) Regarding institutions of public interest and so on (article 4(1) i-v), registered varieties (xiv) and origin of wines (xvii).
Examples of objected marks are shown, criteria are added or corrected for the judgement of the similarity, and interpretation of the legal terms are specified.
(2) Contravention of Public Order or Morality (article 4(1)vii)
With reference to court cases, the types and examples applicable and relevant to this paragraph are specified.
(3) Regarding Names of Another Person (article 4(1) viii).
The range which “Another Person” means and criteria of famousness etc. for the judgment are specified.
(4) Judgment of the similarity (similarity of appearance, sound, and concept, the similarity of goods and services, similarity of the composite trademark, consideration about the trade condition) (article 4(1) xi)
Clarification of each factor of appearance, sound, and concept. Addition and revision of examples.
Also, it is stated that if the applicant and the person holding the said trademark right are in the relationship of controlling interest and as long as the person holding the said trademark agrees with the registration of the application, this subparagraph does not apply.
(5) Another person’s well-known trademark (article 4(1)x), confusions about the source of goods or the titles (article 4(1) xv), trademarks identical with or similar to the other persons’ trademark which is well-known among consumers in Japan and which is used for an unfair intention (article 4(1) xix).
Clarification of the meaning of the standards, and so on.
(6) Other
When the same person files the same trademark application, if all the designated goods or the designated use are identical with the previous filed application or registered mark, it will be noticed the reason of refusal as “against the purpose of the Trademark Law, article 3”
(Reference source)
Web site of Japan patent Office
“Examination Guidelines for Trademarks”