Date of
Judgment: February 9, 1968
Issuing
Authority: Supreme
Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial
(Administrative)
Subject
Matter: Trademarks
Summary
of the judgment (decision):
1. In order to constitute
trademark use, it is not always necessary for the trademark to be used by being
affixed with the designated goods, but it is necessary for the trademark to be
used specifically in relation to those goods.
2. As long as the registered
trademark, "(the trademark is attached at the end)", which consists
of extremely modified and designed characters of "青 星
", is not used in its unique shape or at least in a shape which is
considered to be the same as said unique shape in transactions, even if marks
such as "青 星 ", "アオボシ
", "BLUESTAR", and a figure of a blue star are used for sauce
and the like of the designated goods for the above registered trademark, and
even if these marks are similar to the above registered trademark, these factors
cannot provide basis for constituting use of the above registered trademark per
se.
(This
translation is provisional and subject to revision.)