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Okt 27, 2014
Michiru Takahashi, Jones Day, Japan
Rika Hashimoto, Jones Day, Japan
First published on the Jones Day’s company website www.jonesday.com in September 2014

Color and Sound Marks Soon Protectable in Japan


Michiru Takahashi, Jones Day, Japan, Rika Hashimoto, Jones Day, Japan, First published on the Jones Day’s company website www.jonesday.com in September 2014After much debate over several years, the Trademark Act of Japan (Act No. 127 of April 13, 1959) has been amended to finally allow registration of nontraditional marks such as color and sound. Although nontraditional marks such as color, sound, motion, hologram, and position marks are not registrable under the current Trademark Act, such marks have been registrable in other nations, including the United States, the EU (through the Office for Harmonization in the Internal Market), and Australia, as well as in some Asian nations, such as South Korea, China, Taiwan, and Singapore. As further explained below, not all nontraditional marks will be protected at this time. This amendment will enable brand owners to convey their brand messages in more diverse ways and seek the same protection in Japan as they have been afforded in other jurisdictions regarding these nontraditional marks. Moreover, brand owners will be able to use the Madrid Protocol system to protect their nontraditional trademarks in multiple jurisdictions, including Japan.  read more