Journal Article

Japan's IP High Court finds 3D seashell chocolate bar shape inherently distinctive and registrable without secondary meaning evidence

John A. Tessensohn and Shusaku Yamamoto

in Journal of Intellectual Property Law & Practice

Volume 4, issue 7, pages 461-463
Published in print July 2009 | ISSN: 1747-1532
Published online July 2009 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpp078
Japan's IP High Court finds 3D seashell chocolate bar shape inherently distinctive and registrable without secondary meaning evidence

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This decision is a significant pro-trade mark development, being the first time that an appellate Japanese court has held that a 3D shape was inherently distinctive and registrable, outlining the distinctiveness criteria which will control future 3D trade mark examinations.

Journal Article.  1348 words. 

Subjects: Arbitration ; Intellectual Property Law

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