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
鈴木 薫 すずき かおる