Trademark Act Article 4, Paragraph 1, Item 2: Trademarks That Cannot Be Registered

Article 4, Paragraph 1, Item 2 of the Trademark Act stipulates that trademarks that are identical or similar to the armorial bearings, etc., of a country that is a party to the Paris Convention, a member of the WTO, or a contracting party to the Trademark Law Treaty (as designated by the Minister of Economy, Trade and Industry) cannot be registered.

The parties to the Paris Convention do not include Japan (which is covered under Article 4, Paragraph 1, Item 1 of the Trademark Act).
Furthermore, an emblem refers to a symbolic figure, including coats of arms, flags, etc. The emblems subject to this provision are those designated by the Minister of Economy, Trade and Industry.

Although the text refers to identical or similar trademarks, 'identical' means physically identical, and 'similar' means trademarks that, while not identical, are confusing enough to impair the authority or dignity of national flags, etc. (the presence or absence of confusion as to source is irrelevant).

Regarding this item,grounds for invalidation may arise subsequently(Article 46, Paragraph 1, Item 5 of the Trademark Act).

Note that the statute of limitations (Article 47, Paragraph 1 of the Trademark Act) does not apply to this item. This is because this item is established based on public interest grounds.

・Trademark Act Article 4, Paragraph 1, Item 2

(Trademarks that cannot be registered)
Article 4: Notwithstanding the provisions of the preceding Article, the following trademarks may not be registered.
(ii) A trademark that is identical or similar to the armorial bearings or other emblems (excluding national flags of a country that is a party to the Paris Convention, a member of the World Trade Organization, or a contracting party to the Trademark Law Treaty) of a country that is a party to the Paris Convention (meaning the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at The Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958, and at Stockholm on July 14, 1967; the same applies hereinafter), a member of the World Trade Organization, or a contracting party to the Trademark Law Treaty, and which is designated by the Minister of Economy, Trade and Industry.

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