Union européenne
Japon
Indications géographiques
[Follow-up question from the EC] Does the answer of Japan to question 12 mean that it is not possible under Japanese Law to acquire or maintain rights to a trademark applied for or registered in good faith, where the trademark is identical with, or similar to, a geographical indication in such a manner as to be misleading to the public? Please explain.
The following practice under Article 4(1), sub-paragraph (xvi) of the Trademark Law was established before entry into force of the TRIPS Agreement: "An application for the registration of a trademark shall be rejected under the Japanese Trademark Law where the trademark in the application is identical with, or similar to, a geographical indication in such a manner as to be misleading to the public." Therefore, it is not possible under Japanese Law to acquire or maintain rights to a trademark applied for or registered in good faith where it is liable to mislead the public.