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Journal of Intellectual Property Law & Practice Advance Access originally published online on June 3, 2009
Journal of Intellectual Property Law & Practice 2009 4(7):461-463; doi:10.1093/jiplp/jpp078
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© The Authors (2009). Published by Oxford University Press. All rights reserved.

Current Intelligence

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
Shusaku Yamamoto, Osaka

Chocolaterie Guylian NV v Commissioner of Japan Patent Office, Case No. H-19 (gyo-ye) No. 10293, 30 June 2008, Intellectual Property High Court of Japan (IPHCJ)

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.

Correspondence: Email: jtessensohn{at}shupat.gr.jp


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