Union européenne
Japon
Indications géographiques
12. Does Japanese trademark legislation allow for the right to continue the use of a trademark acquired through use in good faith where such a trademark is identical with, or similar to, a geographical indication and, if so, what, if any, are the relevant dates in accordance with Article 24.5 of the TRIPS Agreement? Please explain.
The use of a trademark indicating or suggesting a geographical unit other than a true place of origin in such a manner as to mislead the public regarding the origin of goods has been prohibited as a misleading representation since 1974 by the Japanese "Act against Unjustifiable Premiums and Misleading Representations". Therefore, it is not envisaged in Japan that a person continues to use this kind of trademark, and "the relevant dates" in accordance with Article 24.5 of the TRIPS Agreement are not provided for. When a trademark does not mislead the public regarding the true place of origin, Article 22 of the TRIPS Agreement is not applicable and the trademark which contains or consists of the geographical indication of goods is allowed to continue to be used. Therefore, "the relevant dates" in accordance with Article 24.5 of the Agreement are not provided for.