États-Unis d'Amérique
Japon
Marques de fabrique ou de commerce
6. Please explain whether and upon what authority under Japanese law a trademark examiner can refuse an application to register a trademark because the proposed mark is identical or similar to an unregistered well-known mark.
An application to register a trademark shall be refused based on Article 4(1)(x) of the Japanese Trademark Law where the trademark is identical, or similar, to an unregistered well-known trademark and the goods or services with respect to which the trademark applied is used are identical, or similar, to those with respect to which the well-known trademark is used. Even if goods or services for a trademark applied are not identical, or similar, to those for a well-known trademark, the application shall be refused based on Article 4(1)(xv) of the Law on condition that it is likely to cause confusion.