o UNREGISTRABLE TRADEMARKS
Even though a trademark is distinctive in relation to goods/services to be covered, it shall be unregistrable if it comes under any of the followings [Japanese Trademark Law, Article 4 (1)]:
(1) A trademark which is identical with, or similar to, the national flag, the imperial chrysanthemum crest, a decoration, a medal or a foreign national flag [Article 4 (1) (i)].
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(2) A trademark which is identical with, or similar to, the coats of arms or any other State emblems (except national flags of any country of the Union to the Paris Convention, member of the World Trade Organization or Contracting Party to the Trademark Law Treaty) of a country of the Union to the Paris Convention (refers to the Paris Convention for the Protection of Industrial Property of March 20, 1883, as revised at Brussels on December 14, 1900, at Washington on June 2, 1911, at the Hague on November 6, 1925, at London on June 2, 1934, at Lisbon on October 31, 1958 and at Stockholm on July 14, 1967; the same shall apply hereinafter), a member of the World Trade Organization or a Contracting Party to the Trademark Law Treaty designated by the Minister of Economy, Trade and Industry [Article 4 (1) (ii)].
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(3) A trademark which is identical with, or similar to, a mark indicating the United Nations or any other international organization which has been designated by the Minister of Economy, Trade and Industry [Article 4 (1) (iii)].
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(4) A trademark which is identical with, or similar to, the emblems or titles in Article 1 of the Act Concerning Restriction on the Use of Emblems and Titles of the Red Cross and Others (Act No.159 of 1947) or the distinctive emblem in Article 158(1) of the Act Concerning Measures to Protect Japanese Citizens During Armed Attacks and Others (Act No.112 of 2004) [Article 4 (1) (iv)].
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(5) A trademark which is comprised of a mark identical with, or similar to, an official hallmark or sign indicating control or warranty by the national or a local government of Japan, a country of the Union to the Paris Convention, a member of the World Trade Organization or a Contracting Party to the Trademark Law Treaty which has been designated by the Minister of Economy, Trade and Industry, if such a trademark is used in connection with goods or services identical with, or similar to, the goods or services in connection with which the hallmark or sign is used [Article 4 (1) (v)].
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(6) A trademark which is identical with, or similar to, a famous mark indicating the State, a local government, an agency thereof, a non-profit organization undertaking a business for public interest, or a non-profit enterprise undertaking a business for public interest [Article 4 (1) (vi)].
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(7) A trademark which is likely to cause damage to public order or morality [Article 4 (1) (vii)].
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(8) A trademark which contains the portrait of another person, or the name, famous pseudonym, professional name or pen name of another person, or
famous abbreviation thereof (except those the registration of which has been approved by the person concerned) [Article 4 (1) (viii)].
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(9) A trademark which is comprised of a mark identical with, or similar to, a prize awarded at an exhibition held by the national or a local government (hereinafter referred to as “Government, etc.”) or by those who are not the Government, etc. but designated by the Commissioner of the Patent Office, or at an international exhibition held in a foreign country by the Government, etc. of the foreign country or those authorized thereby (except those used by the recipient of such a prize as part of his/her own trademark) [Article 4 (1) (ix)].
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(10) A trademark which is identical with, or similar to, another person's trademark which is well known among consumers as that indicating goods or services in connection with the person's business, if such a trademark is used in connection with such goods or services or goods or services similar thereto [Article 4 (1) (x)].
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