Article 24(6) of the Japanese Trademark Law relates to trademarks which are already famous in Japan as marks identifying non-profit enterprises working in the public interest (such as water utilities and public road transport corporations). The registration of an identical or similar trademark by a person who has no association with such a public entity will very probably confuse consumers, and detract from the due rights of third parties. The registration of such a trademark by such a person is, therefore, prohibited under the Law (see Article 4(1)(vi)). With this in mind, the Law prohibits the transfer of such a trademark, unless the enterprise itself is transferred. This limited exception applies only to famous trademarks concerning non-profit enterprises and is permitted under Article 17 of the TRIPS Agreement.
