Newsletter (No.26) September 2022
This Newsletter summarizes legal information updated in the latest one month.
*PATENT
“Mounting Structure for Circuit Breaker” Case: A case in which the Intellectual Property High Court found that the divisional application in which the specific description in the original specification with respect to a configuration not directly related to the problem of the invention was abstracted and generically conceptualized and added to the scope of the claims does not fall under the addition of new matters. A case in which the Intellectual Property High Court denied the easily-conceived property for one of the reasons that the parts are small.
*TRADEMARK
A case in which the Intellectual Property High Court maintained a cancellation decision made by the Japanese Patent Office (the “JPO Decision”), defendant, in a case of opposition filed by the defendant’s supporting intervener, on the ground that the registered trademark owned by the plaintiff which consists of words “hihachi” standard characters (the trademark in question), which designates “Household electrothermic appliances, non-electric cooking heaters for household purposes” etc. in Class 11, corresponds to a trademark which “is likely to cause confusion in connection with the goods … pertaining to a business of another person” in relation to the cited trademark consisting of “HITACHI” in standard characters for which the defendant’s supporting intervener has obtained trademark registrations, and falls under Article 4, paragraph 1, item 15 of the Trademark Act.
*DESIGN
Simple introduction for many cases.
Hideki Takaishi (Attorney at Law & Patent Attorney) (Publishing Manager)
Nakamura & Partners
Room No. 616, Shin-Tokyo Building, 3-3-1 Marunouchi, Chiyoda-ku,
*The content of this newsletter provides general information and is not legal advice.
*Nakamura & Partners was founded in 1914 and provides comprehensive IP-related services both domestically and internationally as an international IP law firm.