23.02.2010
Posted in Trademarks, Japan at 1:30 am by TMSJ
On January 27, 2010, Apple Inc. introduced its new tablet PC called “iPad”. During the weeks leading up to the official date of announcement, the Internet was rife with speculation about the name of Apple’s new product. Slate Computing LLC, an affiliate of Apple Inc., had filed for the name “iSlate” in Canada, and followed up with an appliation for “iPad” shortly after.
Both applications were filed at the same time in Japan as well (reg. no. 5050480 iSlate and application no. 2009-058254 iPad). Another trademark — “Magic Slate” — was also registered as a combined trademark of Japanese kana and Latin letters (reg. no. 5221312), but it is not yet clear whether Apple is going to use the name for a product associated with the iPad.
Fujitsu K.K. has been mentioned recently as a possible contender for the name, however, there seems to be no Japanese trademark registration of “iPad” in the name of Fujitsu. The question of whether the name has gained any form of protection as a trade name will without doubt be the subject of further negotiations between the companies involved.
Apple has already met similar problems when trying to register the name iPhone in Japan.
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23.07.2009
Posted in Patent Offices, Trademarks, Statistics, Japan at 8:39 am by TMSJ
The Japanese Patent Office (JPO) has lately published the most recent trademark statistics. In 2008, 119,185 applications were received. This is the lowest number in five years. The number of applications is equivalent to 83% of the volume received during the previous year. 100,243 trade marks were registered which is an increase of 4% compared with 2007.
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18.07.2009
Posted in Trademarks, Japan at 19:56 pm by TMSJ
Japanese learners all over the world know the Kanji Aptitude Test of the Japan Kanji Aptitude Testing Foundation. The test was developed to enhance the capability of reading and writing kanji (Chinese characters used in the Japanese language). This test (in Japanese: 日本漢字能力検定試験 Nihon Kanji Nōryoku Kentei Shiken) is also known under the abbreviation “kanken” (漢検 - “kan test”, meaning “kanji test”).
On June 17, a competitor of the Japan Kanji Aptitude Testing Foundation in the kanji test sector filed the trademark application “shinkanken” (新漢検). “Shinkanken” means “new kanji test”.
The Japan Kanji Aptitude Testing Foundation thinks there is a risk the names might easily be confused by consumers and asked the competitor not to use the name “shinkanken”.
One will have to wait and see how the conflict will play out. Interestingly, the Japan Kanji Aptitude Testing Foundation did not protect “kanken” as a trademark. Nevertheless, the conflict was mentioned in the Japanese media, since the Kanji Aptitude Test of the Japan Kanji Aptitude Testing Foundation enjoys excellent reputation.
Source
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24.04.2009
Posted in Patent Offices, Trademarks, Patents, Japan at 18:17 pm by TMSJ
The 2008 Revised Patent Act, Design Act and Trademark Act included the extension of the period for filing an appeal against an examiner’s final decision of rejection of an application. The new periods have become effective starting on April 1, 2009.
The revision extended the period for appeals against the rejection of patent, design and trademark applications, as well as the period for filing an appeal against an examiner’s final decision of rejection for a dismissal of an amendment for Japanese design and trademark applications for Japanese applicants from 30 days to three months.
For non-Japanese applicants the changes are the following:
1. For patents, according to the old law, the period for filing an appeal against an examiner’s final decision of rejection is a maximum of 90 days (a basic 30-day period with an option for a 60-day extension) plus another 30 days to file an amendment after the request for an appeal has been made. The total timeframe to file an amendment was 120 days (90 days + 30 days).
The revised provision extends this period from 90 days to four months (three months with an option for a one month extension). Applicants should take note that under the previous law the applicant could submit an amendment 30 days after the appeal was made. The new regulation however requires that the amendment is submitted concurrently with the request for an appeal within the four month period.
2. Regarding designs and trademarks the period for filing an appeal against an examiner’s final decision of rejection was 90 days (basic 30-days plus a 60-day option for an extension). The new provision provides a period of three month, which is not extendable.
Source
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14.04.2009
Posted in Patent Offices, Trademarks, Statistics, Japan at 15:52 pm by TMSJ
The Japanese Patent Office (JPO) did not accept geographical names as trademarks until 2006, when the Trademark Act was amended to allow for the registration of regional collective trademarks denoting the geographical origin of products. According to figures recently published, 873 regional trademarks have been registered since. The system seems to be widely unknown among foreign applicants, as only four out of 873 trademarks belong to foreign applicants (”Canada Pork”, “Indian Darjeeling”, “Jamaican Blue Mountain Coffee” and “Parma Prosciutto”).
A Japanese regional collective mark of reknown is Kobe beef from the Hyôgo prefecture. Other examples for recently registered regional collective trademarks are Sendai Miso Paste or Yokohama China Town.
Under Japanese law, geographical names can be registered as collective marks for certain goods, if those goods are well known products of a distinct geographical area.
Considering the fact that Japanese consumers attach great importance to the quality and origin of products, there seems to be a lot of unused potential for marketing regional specialty food.
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