Date of
Judgment: January 23, 1986
Issuing
Authority: Supreme
Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure:
Judicial(Administrative)
Subject
Matter:
Trademarks
Summary
of the judgment (decision):
In order to consider that a trademark
pertaining to an application for trademark registration falls under a
"trademark consisting solely of a mark indicating, in a common manner, in
the case of goods, the place of origin or place of sale" as stipulated in
Article 3, paragraph (1), item ( iii ) of the Trademark Act , the designated
goods do not necessarily have to be actually produced or sold in the land or
place indicated by the trademark, and it is sufficient if consumers or traders
recognize that the designated goods are likely produced or sold in the land or
place indicated by the trademark.