Union européenne
Japon
Marques de fabrique ou de commerce; Indications géographiques
8. Does Japanese trademark legislation provide for the refusal or invalidation of the registration of a trademark which contains or consists of a geographical indication in accordance with Article 22.3 of the TRIPS Agreement?
Under the Japanese Trademark Law, an application for registration of a trademark, which contains or consists of a geographical indication referred to in Article 22.3 of the TRIPS Agreement shall be refused in accordance with Article 4(1)(xvi) of the Law on the grounds that it may cause confusion as to the quality, if the said trademark is to be used with respect to goods not originating in the territory indicated. In case such a trademark is registered, the registration may be invalidated through appeal in accordance with Article 46 of the Law. The Trademark Examination Guidelines clearly state that "confusion as to the quality" referred to in Article 4(1)(xvi) of the Law includes "confusion as to the true place of origin".