Ultraman Vanquished Aston Martin and Bentley: Japanese Trade Mark Opposition and Invalidation Outcomes and Trends

摘要

The article will explore an interesting trade mark opposition decision which demonstrates that the outsized reputation and fame of the opponents' senior marks per se neither enhances nor reduces the likelihood of confusion in Japan, but rather the factual determination and judgment of the similarity examination of the conflicting marks is the main driver of success in contentious trade mark proceedings. The article will also explore the procedural pitfalls, strategic shortcomings and 17 years of statistical data regarding Japan's trade mark opposition system and several instructive Japanese appellate invalidation decisions that will demonstrate why brand owners will be better served by using its invalidation appeal system to police competitors' trade marks in the world's third largest economy, Japan.