Japan IP High Court gives Green Light to 3D “Godzilla” shape as Trademark


On October 30, 2024, the Japan IP High Court overturned the Japan Patent Office's (JPO) prior decision to deny trademark registration for the 3D shape of Godzilla from "Shin Godzilla." Initially, the JPO rejected Toho Co.'s application, citing a lack of distinctiveness under Article 3(1)(iii) of the Trademark Law. However, the court recognized that Godzilla's iconic shape, consistent across decades of films, is widely acknowledged by the public as representative of Toho's monster franchise. The court emphasized that consumer recognition should encompass the entire Godzilla series, not just the specific film, highlighting a significant public association with the character.



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