2016-04-18

Parody trademark won the case at IP High Court in Japan

The parody trademark “Frank Miura” won the case against “Frank Muller”.

IP High Court has recently concluded to cancel the JPO’s trial decision since the trademark of “Frank Miura” unlikely causes confusion to consumers.

“Frank Miura” is a parody trademark of “Frank Muller”. The prices of “Frank Miura” watch are around 5,000 yen, which is one of the reasons of the court decision.

Trademark “Frank Miura” was registered in 2012 in Japan. Its class is 14 and watch is included in the designated goods. Frank Muller’s trademark administration company filed the request for trial for invalidation of trademark “Frank Miura” to JPO in 2015. JPO concluded its decision to cancel the trademark of “Frank Miura” as it is confusingly similar to the demandant’s trademark. The respondent filed the suit in IP High Court challenging for the JPO’s decision.