This Newsletter summarizes legal information updated in the latest one month.
[Patent★] Litigation Seeking of Rescinding the Trial Decision Case: A case in which a general problem that could be recognized by a person skilled in the art on the filing date of the patent application is also applicable to the cited invention, although there is no reference to the cited reference, therefore, the motivation is admitted. A case in which the Intellectual Property High Court denied the inventive step and rescinded the JPO decision.
【Trademark Act ★】A case in which the court maintained the trial decision to dismiss the plaintiff’s request for invalidation, finding that the registered trademark of the defendant (the subject trademark) consisting of the words “sweets/party in Katakana” and the cited trademark of the plaintiff consisting of the words “sweet party in Katakana / SWEET PARTY” are not similar and that the registration of the subject trademark was not made in violation of Article 4(1)(xi) of the Trademark Law.
【Trademark Act ★】A case in which the Court affirmed the Japan Patent Office’s decision which refused an application for registration of a composite trademark composed of a figure part and a word part on the grounds that the trademark falls under Article 4, Paragraph 1, Item 11 of the Trademark Act in view of separate observation/essential part observation, general and constant state of transactions, and similarity between services.
Hideki Takaishi (Attorney at Law & Patent Attorney) (Publishing Manager)
Nakamura & Partners
Room No. 616, Shin-Tokyo Building, 3-3-1 Marunouchi, Chiyoda-ku,