To a hammer, everything looks like a nail |
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Authors: | Tessensohn, John A. Yamamoto, Shusaku |
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Abstract: | ![]() Legal context: Trade mark oppositions are routinely filed by brand owners againstan offending application or registration in either a pre-grantor a post-grant procedure before the respective national trademark office, but in Japan, there are several nuanced trade markopposition practice differences that should not be taken forgranted. Key issues: In light of persisting and recent abysmal trade mark opponentsuccess rates, favourable trade mark invalidation appeal (IA)data, and the inherent procedural handicaps against opponentsin Japan's current trade mark opposition system, Trade markowners would be better served by using Japan's trade mark IAprocedures to police against conflicting trade marks in Japanand not mechanistically file oppositions in Japan as one couldin other important trade mark jurisdictions like the USA orEurope. Practical significance: Japan's trade mark opposition and IA procedures offer complementaryoptions to police against conflicting trade marks so choosingthe right procedure is critical to its achieving the mission'ssuccess in curbing competitors' marks in the world's secondlargest free market economy. |
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