Trademark Date
Right
Case number

June 17, 2020
Court Intellectual Property
Hight Court, Second
2019(Gyo-Ke)
Division
10164- A case in which the court held that a trademark consisting of the letter, "I", and aheart shape placed horizontally side by side, with the letters, "JAPAN", written
underneath, does not have distinctiveness for indicating the source.
Case type: Rescission of Trial Decision to Maintain
Result: Dismissed
References: Article 3, paragraph (1), item (vi) of the Trademark Act
Related rights, etc.: Trademark Application 2018-49161
Decision of JPO: Appeal against Examiner's Decision of Refusal No. 2018-16957(Decision dated October 23, 2019)
Summary of the Judgment
1. Regarding Reason 1 for Rescission (Error in judgment concerning applicability of
Article 3, paragraph (1), item (vi) of the Trademark Act)
(1) Configuration of the Applied Trademark
The Applied Trademark consists of the letter, "I", and a heart shape placed
horizontally side by side (hereinafter referred to as "I + Heart Shape"), with theletters, "JAPAN", written underneath, and has the designated goods which
belong to Classes 14, 16, 18, and 24.

The parties are not in dispute over thefact that, from among the configuration of the Applied Trademark, the I +Heart Shape, as a whole, succinctly demonstrates the English expression of "Ilove ...", as well as the fact that an indication that is a combination of the I +Heart Shape, with some letters written on the side or underneath, is interpreted
as indicating the feeling of love towards that which is indicated by said letters.
As such, it is acknowledged that an indication that is a combination of the I +Heart Shape and a "geographical name" written on the side or underneath isinterpreted as showing the feeling of love towards the place indicated by said
geographical name (such as the name of a country or city).
(2) Applicability of Article 3, paragraph (1), item (vi) of the Trademark Act to theApplied Trademark
The Applied Trademark is easily understood to have the meaning of "I love
Japan".

Evidence shows that in Japan, an indication that is a combination of

the I + Heart Shape and a "geographical name" written on the side orunderneath is used as an indication to show the feeling of love towards theⅰplace indicated by said geographical name that is combined with the I + Heart
Shape, or as an indication for a souvenir from the place indicated by said
geographical name for attracting the attention of customers.

Also, it isacknowledged that an indication that is a combination of the I + Heart Shapeand the letters, "JAPAN", written on the side or underneath is used, as anindication that shows the feeling of support for Japan or for that which belongs
to Japan such as Japan's national team, by a business operator who is engaged
in a clothing business or who handles stickers.

As such, if the Applied

Trademark is used for its designated goods, it is acknowledged that traders andconsumers coming in contact with the Applied Trademark would merely
recognize the same as an indication showing the feeling of love of Japan or the
feeling of support toward that which belongs to Japan, or as an indication for asouvenir from Japan.

In that case, it must be said that the Applied Trademark

does not have distinctiveness for indicating the source.
Therefore, since the Applied Trademark is one which cannot be recognizedby consumers as pertaining to any person's business, it falls under Article 3,
paragraph (1), item (vi) of the Trademark Act.
2. Regarding Reason 2 for Rescission (whether or not the Decision of Refusal and
the JPO Decision are against the principle of equality and constitute deviation
from, or are abuse of discretionary power)
According to evidence, the following facts are acknowledged; namely, that [i]a trademark with designated goods in Class 25 (Clothing; Garters; Socksuspenders; Suspenders; Waistbands; Belts for clothing; Footwear [other thanspecial footwear for sports]; Masquerade costumes; Clothes for sports [other thanclothes for water sports]; Special footwear for sports) and having the same
configuration as the Applied Trademark was registered as a trademark on March
27, 2015 with the plaintiff as the trademark holder, [ii] a trademark withdesignated goods in Class 30 (Confectionery; Bread and buns; Sandwiches;
Steamed buns stuffed with minced meat [Chinese-manjuh]; Hamburgers; Pizzas;
Hot dogs, etc.) and having the same configuration as the Applied Trademark was
registered as a trademark on June 15, 2018 with the plaintiff as the trademark
holder, and [iii] a trademark with designated goods in Class 35 (Advertising andpublicity services; Promoting the goods and services of others through theissuance of trading stamps; Business management analysis or business consultancy,etc.) and having the configuration of the I + Heart Shape with the letters,"TOKYO", written underneath was registered as a trademark on July 5, 2019 withⅱ

a US corporation as the trademark holder.
However, while the Applied Trademark does not have distinctiveness forindicating the source, as already held by the court, applicability of Article 3,
paragraph (1), item (vi) of the Trademark Act should be considered anddetermined on a case-by-case basis, so that it cannot be acknowledged, based on
the fact that the trademarks of the above [i] to [iii] are registered, that the Applied
Trademark has distinctiveness for indicating the source.
Therefore, there is no illegality with the JPO Decision which held that the
Applied Trademark falls under Article 3, paragraph (1), item (vi) of the Trademark
Act.

ⅲ

Judgment rendered on June 17, 20202019 (Gyo-Ke) 10164

A case of seeking rescission of the JPO decision

Date of conclusion of oral argument: March 4, 2020
Judgment
Plaintiff: Crews Company Co., Ltd.
Defendant: Commissioner of the JPO

Main text
1. Plaintiff's claim shall be dismissed.
2. Plaintiff shall bear the court costs.
Facts and reasons
No. 1

Claim

The decision rendered by the JPO on October 23, 2019 for the case of Appeal
against Examiner's Decision of Refusal No. 2018-16957 shall be rescinded.
No. 2

Background

The present case is a lawsuit seeking rescission of a judgment which dismissed arequest for appeal against the examiner's decision of refusal of an application for
trademark registration.

The issue is the applicability of Article 3, paragraph (1),item (vi) of the Trademark Act.
1. History of procedures at the JPO
On April 17, 2018, Plaintiff filed an application for registration of the
trademark (hereinafter referred to as "Trademark") indicated in Attachment 1,"Description of the Applied Trademark" (hereinafter referred to as "Attachment1") by designating goods which belong to Classes 14, 16, 18, and 24 (Trademark
Application No. 2018-49161; Exhibit Ko 1).

On July 4 of the same year,

Plaintiff filed an amendment of proceedings (hereinafter referred to as"Amendment") (Exhibit Ko 2), so that the designated goods became as per
Attachment 1.
On October 16, 2018, Plaintiff received a decision of refusal (Exhibit Ko 3;
hereinafter referred to as "Decision of Refusal"), and on December 20 of the same1

year, Plaintiff filed an appeal against the decision of refusal (hereinafter referred
to as "Appeal") (Appeal against Examiner's Decision of Refusal No. 2018-16957;
Exhibit Ko 4).

On October 23, 2019, the JPO rendered a decision to the effectthat "the request for the Appeal shall be dismissed" (hereinafter referred to as"JPO Decision", and a copy of the original was delivered to Plaintiff on November
5 of the same year.
2. Regarding the Applied Trademark
The Applied Trademark consists of the configuration of Attachment 1 with thedesignated goods of Attachment 1 which belong to Classes 14, 16, 18, and 24.
3. Gist of reasons for the JPO Decision(1) The Applied Trademark consists of the alphabet letter, "I", and a heart shapeplaced horizontally side by side (hereinafter referred to as "I + Heart Shape"), withthe alphabet letters, "JAPAN", written underneath.
(2) A.

Meaning of the I + Heart ShapeAs a whole, the I + Heart Shape is widely used as a succinct way todemonstrate the English expression of "I love ...".
B.

Regarding an indication that is a combination of the I + Heart Shape andsome letters on the side or underneath(A) Indication consisting of the I + Heart Shape, with some letters on the sideor underneath
An indication consisting of the I + Heart Shape, with some letters written
on the side or underneath, is widely used as a product design showing the feelingof love towards that which is indicated by such letters.

For example, such

indication is widely used among those in the trade of clothing and the like by
being placed directly on a product.
(B) Indication consisting of the I + Heart Shape and a "geographical name"written on the side or underneathAs shown above in (A), an indication consisting of the I + Heart Shape and a"geographical name" written on the side or underneath is widely used as a productdesign for showing the feeling of love towards the place indicated by said
geographical name such as a country or city, in addition to being used as a productdesign of souvenirs from the country or city indicated by said geographical name,to attract the attention of customers.

For example, such indication is widely usedamong those in the trade of clothing and the like by being placed directly on a
product (Attachments 2 (1) to 2 (10), 2 (12) to 2 (28)).
(C) Indication consisting of the I + Heart Shape and the letters, "JAPAN (日2本)", on the side or underneath
An indication consisting of the I + Heart Shape and the letters, "JAPAN (日本)", written on the side or underneath is widely used as a product design for
showing the feeling of love of Japan or the love towards something that belongs toJapan such as Japan's national team in sports, or as a product design of souvenirs
from Japan for attracting the attention of customers.

For example, such

indication is widely used among those in the trade of clothing and the like by
being placed directly on a product (Attachments 2 (1) to 2 (10), 2 (12) to 2 (19)).
C.

Use of the I + Heart ShapeAs described above in B, it is reasonable to say that an indication that is acombination of the I + Heart Shape and some letters written on the side orunderneath is commonplace, and that it is a mode that is currently used by a large
number of people.
(3)

As described above in (2), an indication that is a combination of the I +Heart Shape and some letters written on the side or underneath is widely used,according to the circumstances of transaction involving said indication, as a
product design for showing the feeling of love towards that which is indicated bysuch letters, and if such letters refer to a "geographical name", as a product design
for showing the feeling of love towards the area or city indicated by said
geographical name, or as a product design of souvenirs from said land for
attracting the attention of customers, and furthermore, if the "geographical name"is "JAPAN (日本)", as a product design for showing the feeling of love of Japanor the love towards something that belongs to Japan such as Japan's national teamin sports, or as a product design of souvenirs from Japan for attracting theattention of customers.

For example, such indication is widely used among thosein the trade of clothing and the like by being placed directly on a product.
In that case, since it is acknowledged that the Applied Trademark is widelyused as a product design for showing the feeling of love of Japan or the love
towards something that belongs to Japan such as Japan's national team in sports, or
as a product design of souvenirs from Japan for attracting the attention ofcustomers, and that the configuration per se is commonplace, it is reasonable todetermine that the use of the Applied Trademark is desirable by any person.
From what is described above, even when the Applied Trademark is used forits designated goods, consumers coming in contact with the Applied Trademark
merely recognize and interpret the Applied Trademark as having the meaning ofsomething like "I love Japan" and as a product design for showing the feeling of3

love of Japan or the love towards something that belongs to Japan such as Japan's
national team in sports, or as a product design for souvenirs from Japan for
attracting the attention of customers.

As such, it must be said that the Applied

Trademark cannot be recognized as a mark having distinctiveness for indicating
the source.
Therefore, since it should be said that the Applied Trademark is a trademark
by which consumers are not able to recognize the goods or services as thosepertaining to a business of a particular person, the Applied Trademark falls under
Article 3, paragraph (1), item (vi) of the Trademark Act.
(omitted)
No. 5

Judgment of this court

1. Regarding Reason 1 for Rescission (Error in judgment concerning applicability of
Article 3, paragraph (1), item (vi) of the Trademark Act)
(1) Configuration of the Applied TrademarkA

As indicated in Attachment 1, the Applied Trademark consists of the I+ Heart Shape and the alphabet letters, "JAPAN", written underneath, withthe designated goods as indicated in Attachment 1.

From among theconfiguration of the Applied Trademark, the parties are not in dispute overthe fact that the I + Heart Shape, as a whole, is a succinct way todemonstrate the English expression of "I love ...", and the fact that anindication that is a combination of the I + Heart Shape, with some letters
written on the side or underneath, is interpreted as indicating the feeling oflove towards that which is indicated by such letters.
In that case, it is acknowledged that an indication that is a combinationof the I + Heart Shape and a "geographical name" written on the side orunderneath is interpreted as showing the feeling of love towards thegeographical name (such as the name of a country or city) indicated by said
geographical name.
B(A) According to the evidence listed in Attachment 2 and the entire
import of oral argument, it is acknowledged, as per Attachment 2, that prior
to the JPO Decision, 30 indications using the I + Heart Shape could befound on Internet websites in Japan (Attachments 2 (1) to 2 (10), 2 (12) to2 (19), and 2 (21) to 2 (32)).
In addition, according to evidence (Exhibit Otsu 42), it is acknowledged
that, prior to the JPO Decision, the website of "Osumitsuki Shotengai"
4showed an image consisting of "I" and "❤", with the letters, "TOYA",
written underneath, on the surface of a "sticker" product (hereinafterreferred to as "TOYA Indication"), along with words such as "Osumitsuki
Shotengai is the official online shop of HORIDAY MARKET TOYA, avariety shop located in Toya Lake Onsen Promenade in the Shikotsu Toya
Lake National Park", "I LOVE TOYA STICKER", and "Feel free to place
this sticker on various places to call attention to your love of Toya!"(B) From among the indications of the above (A), it is acknowledged thatan indication that is a combination of the I + Heart Shape and a"geographical name" placed on the side or underneath (Attachments 2 (1)to 2 (10), 2 (12) to 2 (19), 2 (21) to 2 (29), 2 (31), and the TOYA
Indication) is used as an indication to show the feeling of love towards th eplace indicated by said geographical name which is combined with the I +Heart Shape, or is used by a business operator, who operates a clothingbusiness or who handles stickers, as an indication to attract the attention ofcustomers by being placed on souvenirs from the place indicated by said
geographical name.
In addition, it is acknowledged that an indication consisting of the I +Heart Shape and the alphabet letters, "JAPAN", written on the side orunderneath (Attachments 2 (1) to 2 (10) and 2 (13) to 2 (19)) is used, as anindication to show the feeling of support for Japan or for that which
belongs to Japan such as Japan's national team, by a business operator who
operates a clothing business or who handles stickers.
(C) According to evidence (Exhibits Ko 10, 21, 22 and Exhibit Otsu 10)
and the entire import of oral argument, the following facts are
acknowledged.
a.

An indication that is a combination of the I + Heart Shape and theletters, "NY", written underneath has been used along with a slogan, "Ilove New York", in a sightseeing campaign in New York since the late1970s.

Mug cups, T-shirts, and other licensed products which bear theindication that is a combination of the I + Heart Shape and the letters,"NY", written underneath, are sold.

The revenue from license

agreements for these products is said to be 3 billion yen.
b.

A T-shirt which bears an indication that is a combination of the I +Heart Shape and the letters, "JAPAN", written underneath (Attachment
2 (7)) and a T-shirt which bears an indication that is a combination of5the I + Heart Shape and the letters, "TG", for Tochigi Prefecture,
written underneath (Attachment 2 (31)), are products which werecreated with the awareness of the indication that is a combination of the
I + Heart Shape and the letters, "NY", written underneath.
(D) From among the evidence submitted by the defendant, Exhibits Otsu 1,
22 to 28, 37 to 41, and 43 are all document evidence having been preparedafter the rendering of the JPO Decision, and there is no sufficient evidence
to acknowledge their existence before the JPO Decision was rendered.
Accordingly, such evidence cannot be used in relation to the issue offindings.

In addition, since it is not clear from documentary evidence

when Exhibits Otsu 2 and 3 were prepared, and since it cannot be
acknowledged that they indicate the circumstances prior to the rendering of
the JPO Decision, they cannot be used in relation to the issue of findings.
(2) Applicability of Article 3, paragraph (1), item (vi) of the Trademark Act to theApplied Trademark
From what is described above in (1), the Applied Trademark is easily
understood to have the meaning of "I love Japan".

In Japan, an indicationthat is a combination of the I + Heart Shape and a "geographical name" written
on the side or underneath is used as an indication to show the feeling of love
towards the place indicated by said geographical name that is combined with
the I + Heart Shape, or as an indication of souvenirs from the place indicatedby said geographical name for attracting the attention of customers.

Also, itis acknowledged that an indication that is a combination of the I + Heart Shapeand the letters, "JAPAN", written on the side or underneath is used, as anindication that shows the feeling of support for Japan or for that which belongs
to Japan such as Japan's national team, by a business operator who is engaged
in a clothing business or who handles stickers.

As such, if the Applied

Trademark is used for its designated goods, it is acknowledged that traders andconsumers coming in contact with the Applied Trademark would merely
recognize the same as an indication showing the feeling of love of Japan or the
feeling of support toward that which belongs to Japan, or as an indication forsouvenirs from Japan.

In that case, it must be said that the Applied

Trademark does not have distinctiveness for indicating the source.
Therefore, since the Applied Trademark is one which cannot be recognizedby consumers as pertaining to any person's business, it falls under Article 3,
paragraph (1), item (vi) of the Trademark Act.
6

(3) A.

On the other hand, Plaintiff asserts that the existence of an online

shopping site does not mean that the product concerned is viewed by general
consumers and is handled in transactions, and that an online shopping sitewhere the product is no longer handled cannot be used as evidence of being"widely used".
According to evidence (Exhibits Ko 25, 26, 40, and 41) and the entire
import of the oral argument, it is acknowledged that the number of articles
handled by "Amazon.co.jp", an e-commerce site, in Japan is 200 million items(published value) as of 2015, with the sales calculated to be 1 trillion yen, andthat the number of articles handed by Yahoo! Shopping is over 280 million
items as of 2017, and that the number of articles handled by Rakuten Ichiba isover 270 million items as of December 2019, and that the market size of ecommerce sites for consumers in Japan reached approximately 18 trillion yen
by 2018.
However, as described above in (1) B (C), given that the indication of "I +Heart Shape + NY", which takes the form of "I + Heart Shape + geographi cal
name" like the Applied Trademark, has already been used for over 40 years,
and that in Japan, there were 29 examples of use as those described above in(1) B (B), it is acknowledged, as described above in (2), that the Applied
Trademark does not have distinctiveness for indicating the source, without
having to consider the browsing results and sales performance on these sites.
Even if the websites of the above (1) B (A) include an online shopping sitewhich no longer handles the product concerned, since it is interpreted thatindications consisting of a combination of the I + Heart Shape with a"geographical name" written on the side or underneath are found on Internet
websites, and since such indications are interpreted to be as described in theabove (1) B (B), the fact that an online shopping site that no longer handles the
product exists does not influence the decision which is made above in (2).
B.

Plaintiff asserts that consumers coming in contact with the Applied

Trademark would not recognize or interpret the Applied Trademark to be adesign that indicates the feeling of love towards Japan's national team or as adesign for souvenirs from Japan for attracting the attention of consumers.
However, the Applied Trademark is one that causes an onlooker to easilyinterpret the meaning of "I love Japan", and given that an indication which,like the Applied Trademark, consists of a combination of the I + Heart Shapeand the letters, "JAPAN", written on the side or underneath, is used in an
7online shopping site along with words like "support", "goods for support","national team", "soccer", "W Cup", "Samurai Japan", "soccer, baseball","2020 Olympics", and "Let's support Japan's national team" (Attachments 2 (1)to 2 (3), 2 (12), 2 (15) to 2 (17)), it is acknowledged that traders andconsumers coming in contact with the Applied Trademark would interpret said
indication to be showing the feeling of love towards Japan's national team andthe like.

Furthermore, given that, as is the case with the Applied Trademark,an indication that is a combination of the I + Heart Shape and a "geographicalname" written on the side or underneath is used on online shopping sites for
products along with words such as "Great for souvenirs from Japan", "A
standard souvenir from Guam", "JTB's online shopping site for souvenirs","Souvenirs from Matsushima", "Enoden's official souvenirs", and "Souvenirs
from Tochigi" (Attachments 2 (6), 2 (21), 2 (23), 2 (26), 2 (27), and 2 (31)), it
is acknowledged that traders and consumers coming in contact with theApplied Trademark would interpret said indication to be an indication forsouvenirs from Japan for attracting the attention of customers.
Therefore, the Plaintiff's claim cannot be accepted.
C.

Plaintiff asserts that the Applied Trademark uses a red heart shape andhas a design in which the I + Heart Shape takes up more than half of the mark,and a glance at the unique design instantly communicates the feeling of love ofJapan to onlookers, so that the Applied Trademark cannot be evaluated as atrademark from which consumers cannot recognize that it pertains to abusiness of a particular person.
However, the Applied Trademark does not have distinctiveness forindicating the source, as already held by the court, so that the Plaintiff's claim
cannot be accepted.
D.

Plaintiff asserts that the Applied Trademark has distinctiveness forindicating the source because there are trademarks which are of the same typeas the Applied Trademark and which were granted registration.
According to evidence (Exhibits Ko 36, 37, and 39), the following facts are
acknowledged; namely, that [i] a trademark with designated goods in Class 25(Clothing; Garters; Sock suspenders; Suspenders; Waistbands; Belts for
clothing; Footwear [other than special footwear for sports]; Masquerade
costumes; Clothes for sports [other than clothes for water sports]; Special
footwear for sports) and having the same configuration as the Applied
Trademark was registered as a trademark on March 27, 2015 with the Plaintiff8

as the trademark holder, [ii] a trademark with designated goods in Class 30(Confectionery; Bread and buns; Sandwiches; Steamed buns stuffed withminced meat [Chinese-manjuh]; Hamburgers; Pizzas; Hot dogs, etc.) andhaving the same configuration as the Applied Trademark was registered as atrademark on June 15, 2018 with Plaintiff as the trademark holder, and [iii] a
trademark with designated goods in Class 35 (Advertising and publicity
services; Promoting the goods and services of others through the issuance oftrading stamps; Business management analysis or business consultancy, etc.)
and having the configuration of the I + Heart Shape with the letters, "TOKYO",
written underneath was registered as a trademark on July 5, 2019 with a US
corporation as the trademark holder.
However, while the Applied Trademark does not have distinctiveness forindicating the source, as already held by the court, applicability of Article 3,
paragraph (1), item (vi) of the Trademark Act should be considered anddetermined on a case-by-case basis, so that it cannot be acknowledged, basedon the fact that the trademarks of the above [i] to [iii] are registered, that the
Applied Trademark has distinctiveness for indicating the source.
E.

Plaintiff asserts that it has a record of having manufactured and sold alarge number of products indicating the same design as the Applied Trademark,and that it plans to continue manufacturing the same in the future.

A written

statement by the Plaintiff's president (Exhibit Ko 27) indicates that since
March 2015, Plaintiff has manufactured approximately 100,000 items of Tshirts, socks, tote bags, key holders, and other apparel goods, as well as
confectioneries for souvenirs, all of which bear the same design as the Applied
Trademark, and sold them mainly in physical stores, and that the Plaintiff will
start the "I ❤ JAPAN Project" starting in 2018, and that the Plaintiff has been
granted registration for trademarks which have the same design as the Applied
Trademark, and that Plaintiff granted licenses for these trademarks to othercompanies, and that the licensees are manufacturing approximately 60,000
items of products that have the same design as the Applied Trademark, with aplan to expand the scale of manufacture to cover not less than 200,000 items.
However, it cannot be acknowledged that the Applied Trademark has
distinctiveness for indicating the source, as already held by the court, and thisdecision shall not be influenced by the content of the written statement as
described above.
(4)

Based on what is described above, Reason 1 for Rescission is not9reasonable.
2. Regarding Reason 2 for Rescission (deviation from or abuse of discretionary
power)
Plaintiff asserts that the Decision of Refusal and the JPO Decision are against
the principle of equality and constitute deviation from, or are abuse of thediscretionary power.
However, it cannot be acknowledged that the Applied Trademark has
distinctiveness for indicating the source, as already held by the court, and as forthe point as to the trademarks of the same type as the Applied Trademark being
grated registration, the court held as described above in 1 (3) D, so that there is no
illegality with the JPO Decision according to which the Applied Trademark falls
under Article 3, paragraph (1), item (vi) of the Trademark Act.
Therefore, Reason 2 for Rescission is unreasonable.
3. Conclusion
In conclusion, Plaintiff's claim is unreasonable, and Plaintiff's claim shall bedismissed, and the court renders a judgment as per the main text.
Intellectual Property High Court, Second Division
Presiding judge:

MORI Yoshiyuki

Judge:

MAKABE Mihoko

Judge:SANO Shin

10

(Attachment 1)
Description of the Applied Trademark
Trademark configuration:

Classification of goods and services as well as designated goods and designatedservices:[Class 14]
Key rings [trinkets or fobs]; Key chains; Key head covers for key rings; small, Finely
carved figures which are used as toggles for money purses, tobacco pouches, and thelike [Netsuke]; Personal ornaments [other than "cuff links"]; Clocks and watches[Class 16]
Paper and cardboard; Stationery and study materials; Printed matter; Paintings andcalligraphic works; Photographs; Photograph stands; Pastes and other adhesives forstationery or household purposes; Addressing machines; Ink ribbons; Automatic
stamp affixing machines; Electric staplers for offices; Envelope sealing machines foroffices;Stampobliteratingmachines;

Drawing

instruments;

Typewriters;

Checkwriters; Mimeographs; Relief duplicators; Paper shredders [for office use];Franking machines [stamping machines]; Rotary duplicators; Containers of paper, forpackaging; Bags [pouches] of plastics, for packaging; Banners of paper; Hygienic
hand towels of paper; Towels of paper, Table napkins of paper; Hand towels of paper;
Handkerchiefs of paper[Class 18]
11Bags and the like; Wallets; Pouches and the like; Vanity cases [not fitted]; Industrial
packaging containers of leather; Clothing for domestic pets; Umbrellas and theirparts; Walking sticks; Canes; Metal parts of canes and walking-sticks; Handles ofcanes and walking-sticks; Leather and fur [unworked or semi-worked][Class 24]
Personal articles of woven textile [not for wear] (including "towels [of textile], hand
towels, bath towels, Japanese cotton towels [Tenugui], handkerchiefs, Japanese
ceremonial wrapping cloth [Fukusa], and Japanese general wrapping

cloth[Furoshiki]); Woven fabrics; Felt and non-woven textile fabrics; Mosquito nets;
Bedsheets; Futon and quilts; Futon and quilts cases [linen]; Futon ticks [unstuffedfuton]; Pillowcases [pillow slips]; Blankets; Table napkins of textile; Toilet seatcovers of textile; Seat covers of textile; Wall hangings of textile; Curtains; Table
cloths [not of paper]; Draperies [thick drop curtains]12(Attachment 2)
Evidence disclosed on March 27, 2019 during hearing(1)

On the website of "Wigland Yahoo Store", under the heading of "support silk
hat (blue)

I LOVE JAPANsoccersupportnoisemaker

paintheadgear", on the front of a "hat" product, there is an image consisting of the I +Heart Shape with the letters, "JAPAN", written in a large size underneath, alongwith the words, "[party goods / event / performance / support goods support silk
hat (blue)

I LOVE JAPAN]

Enjoy supporting in a fashionable manner♪

Ilove Japan!!" (Exhibit Ko 28, Exhibit Otsu 4).
(2)

On the website of "Honey Butterfly", on the entire surface of a "bib" product,
there is an image showing the I + Heart Shape, with the letters, "JAPAN", written
underneath, along with the words, "Suitable for a present or a gift!", "[Bib for fun][W Cup ★ Support Goods] baby bib
pile
I LOVE JAPAN / Nadeshiko /Samurai / soccer / bib / Yodarekake e-33" (Exhibit Otsu 5).

(3)

On the website of "Soccer Shop Gracias", under the heading of "Let's give our
support to Japan's national team!

'I Love Japan' ankle socks", there is an image

showing the I + Heart Shape, with the letters, "JAPAN", written in a large size
underneath, on the top of the foot of the 'sock' product, along with the words,"Here is a pair of ankle socks which are intended to be support goods for Japan's
national team for soccer, with 'I LOVE JAPAN' written in cute characters.
item is a fun way to strengthen our love of Japan and give our support.

This

Let's giveour support to Japan's national team with the whole family!!" (Exhibit Otsu 6).
(4)

On the website of "Amazon.co.jp", under the heading of "I LOVE JAPAN
Waterproof Sticker

I LOVE JAPAN Waterproof Sticker [1 piece]", on theentire surface of a "sticker" product, there is an image of the I + Heart Shape, withthe letters, "JAPAN", written underneath, along with the words, "UNderSell" and"for all types of fans and maniacs, enthusiasts, and people with all kinds offetishism, this is the [I LOVE ... series] sticker!!

Let's introduce what you love

to your family members, friends, and everyone else around you and loudly callattention to what you love!!" (Exhibit Otsu 7).
(5)

On the website of "Womma!", on the front of a "T-shirt" product, there is animage of the I + Heart Shape, with the letters, "JAPAN", written in a large size
underneath, along with the words, "T-shirt(6)

I LOVE JAPAN" (Exhibit Otsu 8).

On the website of "Amazon.co.jp", on the front of a "hat" product, there is animage of the I + Heart Shape with the letters, "JAPAN", written in a large size
13

underneath, along with the words, "a cap with a three-dimensional embroidery ofJapanese pattern work

'I LOVE JAPAN'

black

one size / Great forforeigners as souvenirs from Japan", "Duet World", and "The words, 'I LOVEJAPAN', which have now become a global slogan, turned into a wonderful shapeof ... is it three-dimensional? " (Exhibit Otsu 9).
(7)

On the website of "T-SHIRTS TRINITY", on the front of a "T-shirt" product,
there is an image of the I + Heart Shape with the letters, "JAPAN", written in alarge size underneath, along with the words, "I LOVE Design Specialty Shop, 'I
LOVE SHOP'.

We sell various types of pop and cute T-shirts with I LOVE

letters", "I LOVE JAPANNot 'I LOVE NY' but 'I LOVE JAPAN'.

A T-shirtwith a simple and cute logo.

Furthermore, the 'I ❤' part is printed in a pop andcute I LOVE NY original font" (Exhibit Otsu 10).
(8)

On the website of "Amazon.co.jp", on the front of a "T-shirt" product, there is
an image of the I + Heart Shape with the letters, "JAPAN", written in a large size
underneath, along with the words, "Teeburon

I love Japan

chalk styleT-shirts for women" (Exhibit Otsu 11).
(9)

On the website of "Amazon.co.jp", on the front of a "hoodie" product, there is
an image of the I + Heart Shape with the letters, "JAPAN", written in a large size
underneath, along with the words, "DFSI", "I Love Japanhooded top

fashionwith pockets

casual" (Exhibit Otsu 12).

(10)

sportscomfortable

thin

men's

pulloverhoodiesweatshirt

On the website of "Amazon.co.jp", on the front of a "T-shirt" product, there

is an image of the I + Heart Shape with the letters, "JAPAN", written in a large
size underneath, along with the words, "T-shirt

I Love Japanblack

L sizeIshikawa Bussan" (Exhibit Otsu 13).
(11)

On the website of "GENERAL STICKER Rakuten Store", on the entire

surface of a "key holder" product, there is an image of "アイ ❤", with the letters,"JAPAN", written underneath, along with the words, "Here is the popular I LOVE
series in the form of a key holder.

I LOVE key holder / ALK-021

I LoveJapan" (Exhibit Ko 11).
(12)

On the website of "Yahoo! Auction", on the entire surface of a "sticker"

product, there is an image of the I + Heart Shape with the letters, "日本", written
underneath,

along

Samurai_Japan_ZEAL

with

the

words,

"I

LOVE

JAPAN

StickerJapan" and "In addition to what is listed as our products,

we can also create products using geographical names as well as other names andwords of your choice such as 'I ❤ LA', 'I ❤ 所沢', 'I ❤ 麻友', 'I ❤ 自由'
14

(Exhibit Otsu 14).
(13)

On the website of "Amazon.co.jp", on the entire surface of a "smartphonecase" product, there is an image of the I + Heart Shape with the letters, "JAPAN",
underneath, along with the words, "JLFDM" and "I Love Japan popular series
iPhone case, mobile phone protection case / unisex" (Exhibit Otsu 15).
(14)

On the website of "Beam Smile", on the entire surface of a "patch" product,

there is an image of the I + Heart Shape with the letters, "JAPAN", written
underneath, along with the words, "Popular I LOVE Japan patch, a set of twopieces.

This standard design is very popular" and "Great for foreigners who love

Japan and for events♪" (Exhibit Ko 12, Exhibit Otsu 16).
(15)

On the website of "Sticker-Kingdom, Specialized Store for Original

Stickers, Nameplates, and Seals", on the entire surface of a "sticker" product, there
is an image of the I + Heart Shape with the letters, "JAPAN", written underneath,along with the words, "I LOVE JAPAN
Nihon
(16)

Welcoming Visitors

Sticker

LOVE

Japan

NipponOlympic 2020" (Exhibit Ko 13, Exhibit Otsu 17).

On the website of "Rakuten.co.jp", on the front of a headband product,

there is an image of the I + Heart Shape with the letters, "JAPAN", written in alarge size on the side, along with the words, "Support HachimakiJAPANsoccer

keywordbaseballsupport goods
spectating

Japan

NipponI LOVEnational teamB-2197 267766 02" and "Halloween Land"(Exhibit Otsu 18).
(17)

On the website of "GALLERY 2 Online Shop", under the heading of"support headband

hairband", on the entire surface of a "hairband" product,

there is an image of the I + Heart Shape with the letters, "JAPAN", written on theside, along with the words, "Let's give our support to Japan's national team bylooking fashionable with the I LOVE JAPAN headband!" (Exhibit Otsu 19).
(18)

On the website of "M-deco Rakuten Ichiba Store", on the entire surface of a"towel" product, there is an image of the I + Heart Shape with the letters,"JAPAN", written on the side, along with the words, "Face towel selected by Mdeco, in the size of 30 times 78 cm
Attractive pop design☆
(omitted) I Love Japan" (Exhibit Otsu 20).
(19)

38 types in all

On the website of "Amazon.co.jp", on the posterior of an "underwear formen" product, there is an image of the I + Heart Shape with the letters, "JAPAN",
written in a large size on the side, along with the words, "FDS boxer underwear
men's
(20)

I LOVE JAPAN" (Exhibit Otsu 21).
On the website of "Kabushiki Kaisha TCD", there is an image of the I +15Heart Shape with the letters, "NY", written underneath, along with the words, "It
has been 40 years since the 'I ❤ NY' logo was created, and the logo is still usedin NY's sightseeing campaigns even today.

The registered trademark for the logo

is currently held by New York State Division of Tourism, whose revenue from thelicensing agreements for the sale of licensed products, including mug cup s and Tshirts bearing the 'I ❤ NY' logo, is said to be 3 billion yen per year.

Parodied

items of 'I ❤ NY' products are manufactured all over the world, and the number
is countless. (omitted) Although the design is simple, with the 'LOVE' being
replaced by '❤', one of the reasons for its popularity is the design's ability to
instantly communicate the message to anyone looking at it, so that the design canbe called innovative" (Exhibit Ko 22).
(21)

On the website of "HONEYLAND", on a side surface of a "mug cup"

product, there is an image of the I + Heart Shape with the letters, "GUAM",
written in a large size underneath, along with the words, "Limited goods of I
LOVE GUAM are available only at HONEYLAND!!", "I LOVE GUAM black
mug cupsouvenirstandard [GUAM001]" and "Standard souvenirs from

Guam are 'mug cups'.

In particular, I LOVE GUAM mug cups are the mostpopular!!" (Exhibit Ko 33, Exhibit Otsu 29).
(22)

On the website of "usedoor", under the heading of "How to pre-order andpurchase ['A' T-shirt] 'WE ❤ A HANABI SHOW supported by 7-Eleven Official
Goods'", on the front of a "T-shirt" product, there is an image of the I + Heart
Shape with the letters, "okinawa" or "music", written in large size underneath,along with the words, "Here is a T-shirt with the design of Okinawa, an important
place for A-chan! (omitted) On the final day, let's all wear I LOVE T-shirts andget excited!" and "Here is a T-shirt with the design of A-chan's favorite music!
(omitted) On the final day, let's all wear I LOVE T-shirts and get excited!"(Exhibit Ko 14, Exhibit Otsu 30).
(23)

On the website of "WORLD SHOPPING PLAZA", on the package of a"chocolate" product, there is an image of the I + Heart Shape with the letters, "韓國", written in a large size underneath, along with the words, "JTB's online
shopping site for souvenirs" and "I LOVE KOREA Chocolate, a set of three boxes,
a package with a memorable design, milk chocolate with an attention-grabbing,modern package" (Exhibit Ko 15, Exhibit Otsu 31).
(24)

On the website of "GENERAL STICKER Rakuten Store", on the entire

surface of a "badge" product, there is an image of the I + Heart Shape with theletters, "SAITAMA", written underneath, along with the words, "I LOVE Local
16

Edition

I Love Local Edition Can Badge

ILC-011

I Love SAITAMA"(Exhibit Ko 16, Exhibit Otsu 32).
(25)

On the website of "Amazon.co.jp", on the front of a "T-shirt" product, there

is an image of the I + Heart Shape with the letters, "大阪", written in a large size
underneath, along with the words, "Clubt", "I Love Osaka T-shit", and "For you
because of your deep love for Osaka" (Exhibit Otsu 33).
(26)

On the website of "Matsushima-omiyage.com", on the entire surface of a

"sticker" product, there is an image of the I + Heart Shape with the letters, "宮城",written in a large size on the side, along with the words, "Product name: I LOVE
Miyagi Sticker" (Exhibit Ko 34, Exhibit Otsu 34).
(27)

On the website of "Chigasaki Style", under the heading of "Enoden Official

Souvenir [I Love Shonan]", on the package of a "confectionery" product, there is
an image of the I + Heart Shape with the letters, "湘南", written on the side, alongwith the words, "[I Love Shonan] White Chocolate Lang de Chat is a souvenir of
the 'Shonan' style, which conjures up images of Fujisan, Chigasaki, Enoshima,
Kamakura, Shichirigahama, Eboshiiwa, Southern C, Southern Beach, Surfers, andthe like" (Exhibit Ko 18, Exhibit Otsu 35).
(28)

On the website of "usedoor", under the heading of "How to pre-order andpurchase ['A' T-shirts" 'WE ❤ A HANABI SHOW supported by 7-Eleven
Official Goods'", on the entire surface of a "sticker" product, there is an image of
the I + Heart Shape with the letters, "okinawa" or "music", written on the side,along with the words, "Stickers (a set of two pieces) Here is a set of two pieces ofstickers with the design of A-chan's favorite music and the design of Okinawa, an
important place for A-chan!

Put it on your favorite item and turn it into I LOVEA-chan goods!" (Exhibit Otsu 36).
(29)

On the website of "TMIX", under the heading of "Let's design your original

I Love T-shirt!", on the front of a "T-shirt" product, there is an image of the I +Heart Shape with the letters, "NY", "Soccer (with the letter, 'o', designed as a ball),or "Dad", written in a large size underneath, along with the words, "Simply by
combining a heart with letters, you can create a fashionable and fun I Love T shirt!

You can write the name of someone you like in the space provided after 'I

Love', or you can insert an image or a favorite word to create your own design!!
Complete your own original T-shirt♪

You can wear it with your boy/girlfriend,or with your friend, or you and your team can create an original design for theteam to strengthen the bond among teammates☆ At TM IX, you can create an
original I Love T-shirt by easy steps" (Exhibit Ko 19).
17

(30)

On the website of "Original Print 432 Design Farm", under the heading of"I-LOVE HEISEI T-shirt

023C", on the front of a "T-shirt" product, there is animage of the I + Heart Shape with the letters, "平成", written in a large size
underneath, along with the words, "This is a T-shirt with 'I LOVE 平成' printed ina large size on the chest!!
character word!

The part of '平成' can be replaced with any two-

Enjoy using words such as your area of residence, name, school,

and any other word of your choice."(31)

On the website of "Womma!", under the heading of "Tochigi

I LOVE TG TEEmen

I LOVE TOCHIGI fun T-shirt

female friendfunT-shirtpresent

birthday present

souvenir
womengift", on the front of a "T-

shirt" product, there is an image of the I + Heart Shape with the letters, "TG",
written in a large size underneath, along with the words, "Not 'I Love NY', but 'I
Love Tochigi'!!

This T-shirt is more than just a parody.

strong seller and shows the love of one's hometown.

This T-shirt is a very

The most standard item ofclothing which should be worn by someone who really loves Tochigi when
walking in town" (Exhibit Ko 21).
(32)

On the website of "Sportsnetmatsuyama", under the heading, "New!!

designJapan-made volleyball socks [Immediate Delivery]

made in Japanhigh socks

MVS-2952

ladiesOriginal

Volleyball socks

volley socks", in the partfrom the ankle to the shin of a sock product, there is an image of the I + Heart
Shape with the letters, "VB", written in a large size on the side, along with thewords, "A simple and cute message design of 'I LOVE VB'" (Exhibit Ko 35).

18