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TM5 Compile the "Case Examples of Bad-Faith Trademark Filings"

The Five Trademark Offices (TM5), namely, the Japan Patent Office (JPO), the United States Patent and Trademark Office (USPTO), the European Union Intellectual Property Office (EUIPO), the State Administration for Industry and Commerce of China (SAIC) and the Korean Intellectual Property Office (KIPO), compiled case examples of bad-faith trademark filings into the “Case Examples of Bad-Faith Trademark Filings,” under the leadership of the JPO. The TM5 presented the Case Examples widely to trademark users at a joint workshop that the JPO and the International Trademark Association (INTA)* collaboratively held, and also published it on the TM5 website.

*Note: The International Trademark Association (INTA) consists of over 6,700 members, including governmental and educational organizations and companies from 190 countries.

1. Purpose

In recent years, trademarks such as famous brand names have been filed and registered by third parties with no relation to the legitimate trademark owners without receiving any form of consent from such owners. These cases are collectively called “bad-faith trademark filings” and have been reported in a variety of countries all over the world. Under the framework of the TM5 Bad-Faith Trademark Filings Project, led by the JPO, TM5 have cooperatively been striving to address bad-faith trademark filings through information exchange on laws/regulations and operational practices of each Office and sharing information with trademark users.

As one of the efforts under the project, TM5 compiled their case examples of bad-faith trademark filings into the “Case Examples of Bad-Faith Trademark Filings,” under the leadership of the JPO.

The JPO took the opportunity of the INTA annual meeting held in Barcelona, Spain, from May 20 to 24, 2017, to provide trademark users with the Case Examples and presented the Case Examples to participants of a joint workshop that the JPO and the INTA collaboratively held. In addition, the JPO published the Case Examples on the TM5 website.

For details, visit the TM5 website.外部リンク

2. Outline of the "Case Examples of Bad-Faith Trademark Filings"

The Case Examples consists of: outlines of case examples that were disputed in either courts or  appeals and trials whether they were filed in bad faith or not (10 cases per office; 50 cases in total), summaries of decisions or rules, and comparison tables of related systems and practices of each Office.

The JPO expects this collection to help trademark users deepen their understanding of bad-faith trademark filings and contribute to their formulation of future trademark strategies.

Case examples of such filings involving TM5

Case examples of such filings involving TM5

Release date

May 22, 2017

Division in Charge

  • Trademark Division, Trademark and Customer Relations Department, JPO
  • International Cooperation Division, Policy Planning and Coordination Department, JPO
Ministry of Economy, Trade and Industry1-3-1 Kasumigaseki, Chiyoda-ku, Tokyo 100-8901, Japan Tel: +81-(0)3-3501-1511
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