Masaki MIKAMI informs about a trademark victory of Adidas in Japan. The case concerns the following registered trademark by a Japanese company for Class 25:
Adidas filed an opposition against this mark but unsuccessfully. Fore years later the company initiated an invalidation procedure, just before the five years period of acquiescence. Adidas based its move on the following earlier trademark:
This time, the Patent Office ruled that both signs are similar and the later mark had to be invalidated because:
- The Adidas’ mark is a mark with a strong reputation in Japan, proved since 1971;
- The mark hadn’t been changed significantly throughout this period of time;
- The later mark gives rise to the same visual impression in the consumer’s mind by sharing similar graphical representations.
Source: Marks IP.
