SHIGA INTERNATIONAL PATENT OFFICE

Trademark Department

April 2012

Revision of the Trademark Practice in Japan

As you know, the Nice Classification was revised this year. On this occasion, the Japanese Patent Office also revised the domestic rule for judging the similarity of goods and services. In this newsletter, we would like to show you some examples of the revision of the judgement of similarity of goods as of January 2012 in Japan.

BEFORE
Music CDs

AFTER

Dissimilar
Downloadable music

Videos, DVDs

Similar

Downloadable videos

The judgement of the similarity of the above goods was revised according to needs arising due to a change in trade conditions. BEFORE

AFTER Similar

Dissimilar

Due to this revision, now applicants in the field of fashion can avoid conflicts with owners of prior marks designating goods in Class 9. BEFORE AFTER

Similar

Dissimilar

The conflict between the medical device field and car manufacturers who widely designated goods in Class 12 including wheel chairs was resolved.

BEFORE

BEFORE

Diapers made of cloth Supplements made of fruits, vegetables, etc. Supplements made of honey, wheat, etc.

Diapers made of paper

AFTER

AFTER

BEFORE
Home video games Game programs Arcade video games

AFTER

The Japanese Patent Office adopts a standardized system in judging the similarity of goods and services. However, the rule for judging the similarity of goods keeps on changing according to developments in trade. Therefore, there is a possibility that even if your trademark has been rejected in the past, the conflict with prior marks may be resolved in the future.

Our Contact Information

If you are interested about the similarity of goods and services in Japan, please visit our website. There are also Q & As about Japanese trademark practice. http://www.shigapatent.com/en/practice/trademark.html Please also contact us at any time if you have any questions. tm-design@shigapatent.com