Estados Unidos de América

Japón

Marcas de fábrica o de comercio

7. Please explain whether Japanese trademark law establishes a presumption of likelihood of confusion in the determination of confusing similarity in cases where identical marks are used on identical goods, as required by TRIPS Article 16.1. If so, please identify and explain the legal basis for this presumption.

Under the Japanese Trademark Law, the owner of the trademark has the exclusive right to prevent third parties from using "an identical sign for identical goods or services" provided for in Article 16.1 of the TRIPS Agreement irrespective of a likelihood of confusion. This conclusion stems from Article 25 of the Law which provides that the owner of a trademark right shall have the exclusive right to use the trademark with respect to the designated goods or designated services, and from Article 36 of the Law which provides that the owner of a trademark right may require a person who is infringing or is likely to infringe upon the trademark right to discontinue, or refrain from, such infringement.