Union européenne
Marques de fabrique ou de commerce
4. Are combinations of colours, other than in combination with characters, figures or other signs, eligible for registration as trademarks under Japanese law and, if so, on what basis (Article 15.1 of the TRIPS Agreement)?
"Combinations of colours" provided for in Article 15.1 of the TRIPS Agreement are eligible for registration under Article 2(1) of the Japanese Trademark Law. In order to identify a specific combination of colours as an object of trademark registration, identification of the border lines dividing colours, which by nature constitute a graphical pattern, is indispensable. Therefore, it is understood that the requirement to identify such a graphical pattern at the filing of an application is consistent with the Agreement as was clarified during the negotiations.