Union européenne
Marques de fabrique ou de commerce
[Follow-up question from the EC] Could Japan specify the legal basis for its statement that the five-year time-limit stipulated in Article 47 of the Japanese Trademark Law is not applicable to the request for cancellation of a well known trademark registered in bad faith?
Article 47 of the Trademark Law provides that where a trademark has been registered in contradiction to Article 4(1), sub-paragraph (x) (Protection of well-known trademarks), the five-year time-limit shall not be applicable, provided that such a registration has been obtained with "the intention of violating the rules of fair competition". The intention of violating the rules of fair competition is construed as the same as bad faith.