The government made a final plan on March 10 for the revision of the Civil Procedure Code, including full online procedures for civil trials.
Under this revision, all documents for civil trials will have to be submitted online.
The government aims to achieve this revision in 2022.
Guidebook of the IP High Court is now available.
The guidebook contains interesting topics such as “System of IP-related Litigation”, “Management of Proceedings for Patent-related Cases” and “Statistics”.
[Suit against Invalidation Appeal Decision of Trademark Application]
[Key issue] “Likely to cause confusion” (Article 4, paragraph (1), item (xv) of the Trademark Act).
|Trademark at issue||Cited Trademark|
Considering the following facts, Court concluded that the Trademark “is likely to cause confusion”:
While the Trademark and the Cited Trademark are different in silhouette, and because of the presence or lack of a design that is outlined by a white line inside, and other features, the two trademarks are similar in the entire silhouette.
The Cited Trademark has become a well-known trademark that is widely recognized by traders and consumers in Japan as a trademark indicating clothing, caps, hats, and the like of the brand, “PUMA”, pertaining to the plaintiff’s business.
While the designated goods of the Trademark are “tee-shirts; headgear for wear”, the brand, “PUMA”, also covers products of T-shirts, caps, and hats…