"Yorokdo" drink bottle shape won "three-dimensional trademark"

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Since the Japan Patent Office did not support the lactic acid bacteria beverage, Yakulto’s plastic drink bottle shape was a “three-dimensional trademark” that was different from other company’s products. Yakult Corporation (Tokyo) expressed dissatisfaction and filed a lawsuit with the Japan Intellectual Property High Court. Revoke the award of the Office. On the 16th, the Intellectual Property High Court issued a ruling saying that "according to the use of sales performance over many years, (the shape of Yakult's plastic drink bottle) has a distinctive difference from other company's products", the cancellation of the Office of the Patent Office was demanded by Yakult Corporation. ruling.

Without the name and other words and designs of the product, the shape of the drink bottle itself was recognized as a three-dimensional trademark by the Intellectual Property High Court. There were precedents before this, and the earliest was the bottle of Coca-Cola. As a result, the protection of goods that are familiar to consumers with years of sales performance may become the practice of the judiciary.

Chief Justice Yasuhiro Nakano believes that this case is similar to the case of Coca-Cola. After adopting the beverage bottle in 1968, Yakult has not changed the shape of the beverage bottle for more than 40 years, and has a higher market share in the lactic acid bacteria beverage.

In addition, Nakano also said, "We believe that the three-dimensional shape of beverage bottles has the same or higher eye-catching ability as their product names, giving people a strong impression and having a distinctive difference from other companies' products."

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