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Recent Court Decisions relating to Distinctiveness and Acquired Distinctiveness of Three-Dimensional Trademarks

The Tokyo High Court rendered a decision on December 21, 2000 denying the distinctiveness and acquired distinctiveness of a three-dimensional trademark for a 3D shape of a ballpoint pen with respect to “pencils, ball-point pens, and other writing instruments” in Class 16.

Tokyo High Court Case No. Heisei 11 (Gyo-ke) 406

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Authors

Trademark & Design DivisionAssociates Patent Attorneys

SUZUKI, Kaoru (Ms.)

[Practices]

Designs Trademarks

Other legal updates authored by SUZUKI, Kaoru (Ms.)

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