États-Unis d'Amérique
Marques de fabrique ou de commerce
11. Please explain how the standards of Section 50(2) of the Japanese Trademark Law regarding the acceptance of “legitimate reasons” for non-use complies with the provisions of TRIPS Article 19.1 which requires that WTO Members recognize certain circumstances that arise independently of the will of the trademark owner as being valid reasons for non-use to prevent cancellation of a registration for non-use.
"Circumstances arising independently of the will of the owner of the trademark which constitute an obstacle to the use of the trademark, such as import restrictions on or other government requirements for goods or services" provided for in Article 19.1 of the TRIPS Agreement are recognized as legitimate reasons for the non-use of a trademark prescribed in Article 50(2) of the Japanese Trademark Law. Article 50(2) of the Law thus complies with Article 19.1 of the TRIPS Agreement. "Legitimate reasons for non-use" are also referred to in Article 19(3) of the Law, and the Trademark Examination Guidelines illustrating this Article provide for "complete prohibition of use by law, delay in the approval procedures and other exercise of legal action" as examples of circumstances beyond the control of the owner of a trademark. The Guidelines also apply to proceedings relating to finding a legitimate reason in the appeal procedure under Article 50(2) of the Law.