What is Article 4, Paragraph 1, Item 10 of the Trademark Law?
The reason for refusal by an unregistered well-known trademark (Trademark Law, Article 4, Paragraph 1, Item 10) is a rule not to register that same as or similar to a well-known trademark of another person.
Article 4 of the Trademark Law
Regardless of the provisions of the preceding Article, the following trademarks cannot be registered.
A trademark that is widely recognized among consumers as an indication of goods or services related to the business of another person, or a trademark similar to this, and is used for the goods or services or goods or services similar to these. thing
If a trademark that is the same as or similar to an unregistered well-known trademark is registered, the source may be confused with the unregistered well-known trademark. Therefore, if an unregistered well-known trademark exists before the application, it will not be registered.
Article 4, Paragraph 1, Item 10 of the Trademark Law stipulates that if there is a well-known trademark (unregistered well-known trademark) that has not been registered before the application, it will not be registered. If there is a trademark registered on the prior application line, it will be rejected under Article 4, Paragraph 1, Item 11 of the Trademark Law.
The well-known unregistered trademark does not have to be well-known at the national level, but it is sufficient if it is well-known in one region (well-known at the level of neighboring prefectures).
However, trademarks that are well known in Japan and are well known in foreign countries are excluded.
Even if it is a well-known trademark that has not been registered in a foreign country, if it is well-known in Japan, it will be a reference for Article 4, Paragraph 1, Item 10 of the Trademark Law.
In addition, unregistered well-known trademarks include not only trademarks that are well-known to the final consumer, but also trademarks that are well-known to traders.