États-Unis d'Amérique
Marques de fabrique ou de commerce
10. Please explain whether the authority specified in Section 53bis of the Japanese Trademark Law to demand a trial for cancellation of a mark obtained in bad faith is subject to the five-year limitation specified in Section 53ter. If so, please explain how Sections 53bis and 53ter comply with Article 2.1 of the TRIPS Agreement to the extent that it incorporates Article 6bis(3) of the Paris Convention, which precludes WTO Members from placing time limits on requests for cancellation of marks that were registered or used in bad faith.
Article 53bis of the Japanese Trademark Law corresponds to Article 6septies(1) and (2) of the Paris Convention, and Article 53ter of the Law corresponds to Article 6septies(3) of the Convention. Where a trademark, subject to cancellation under Article 53bis of the Law, is well known, an application for registration of such a trademark should have been refused based on Article 4(1)(x) of the Law. Accordingly, if the well-known trademark has been registered in bad faith, the five-year time limit provided for in Article 53bis is not applied and its registration may be invalidated at any time through appeal under Article 46 of the Law on the grounds that it is in violation of Article 4(1)(x) and obtained in bad faith, which is consistent with Article 6bis(3) of the Convention.