Date of
Judgment: September 17, 2002
Issuing
Authority: Supreme Court
Level of
the Issuing Authority: Final Instance
Type of
Procedure: Judicial（Administrative）
Subject
Matter: Trademarks
Summary
of the judgment (decision):
Even in the case where there is a defect of
lack of procedures prescribed in Article 153, paragraph (2) of the Patent Act
applied mutatis mutandis in Article 56, paragraph (1) of the Trademark Act, if
there are circumstances found such that examination of the grounds not pleaded
by a party is not unexpected by the party, the defect does not fall under
unlawfulness such that the JPO decision should be rescinded.