Trademark Act Article 4, Paragraph 1, Item 10: Trademarks That Cannot Be Registered
This item stipulates that among the trademarks of others, trademarks that are identical or similar to those widely recognized among consumers cannot be registered.
The term 'others' refers to persons other than the applicant. Specifically, it is not necessary to identify exactly who other than the applicant it is.
Regarding 'widely recognized among consumers,' consumers include end consumers and traders, and 'widely recognized' includes not only trademarks recognized nationwide but also those widely recognized in a certain region.
The scope of identical or similar trademarks includes three types: (i) identical trademark + similar goods or services, (ii) similar trademark + identical goods or services, and (iii) similar trademark + similar goods or services.
A similar trademark (trademark similarity) is a trademark that is so similar that consumers would be confused about the source when used on identical or similar goods, etc. Whether trademarks are similar is determined by whether at least one of the appearance, pronunciation, or concept of the trademarks is similar.
Visual similarity is when they are visually confusing, for example, 'Lion' and 'Teion'. Phonetic similarity is when they are aurally confusing, for example, 'Taiyo' and 'Taiyo'. Conceptual similarity is when they are confusing in terms of meaning, for example, 'Ousama' (King) and 'King'.
Similar goods or services are goods or services that are so similar that consumers would be confused about the source when an identical or similar trademark is used.
・Trademark Act Article 4, Paragraph 1, Item 10
(Trademarks that cannot be registered)
Article 4: Notwithstanding the provisions of the preceding Article, the following trademarks may not be registered.
Item 10: A trademark that is widely recognized among consumers as indicating goods or services pertaining to the business of another person, or a trademark similar thereto, and that is to be used for those goods or services or goods or services similar thereto.
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