Date of
Judgment: June 27,1961
Issuing
Authority: Supreme
Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial
(Civil)
Subject
Matter: Trademarks
Summary
of the judgment (decision):
1. In the case where identical
or similar trademarks are used for different goods, even if the goods per se
have no risk of being misleading or causing confusion with each other in
transactions, if there is a risk of such goods being misleading or causing
confusion as to having been manufactured or sold by the same business operator,
it is reasonable to interpret that the goods fall under similar goods as
stipulated in Article 2, paragraph (1), item (ix) of the former Trademark Act
(Act No. 99 of 1921).
2. Even in the case where an
application for a trademark is filed as an associated trademark of an original
registered trademark, in order to be granted
registration for the associated trademark, the trademark must not be similar to
another person's registered trademark.
(This
translation is provisional and subject to revision.)