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【日本】国家知识产权法律法规原文和译文——商标法

发表时间: 2020-08-24 10:31:29

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法律

法规

南沙知识产权

2020-08-24


This English translation of the Trademark Act has been prepared (up to the revisions of  Act No. 55 of 2015 (Effective April 1, 2016)).


日本商标法


(节选译文)


CHAPTER I GENERAL PROVISIONS

(Purpose)

Article

The purpose of this Act is, through the protection of trademarks, to ensure the maintenance of business confidence of persons who use trademarks and thereby to contribute to the development of the industry and to protect the interests of consumers.

(Definitions, etc.)

Article 2 

(1) "Trademark" in this Act means, among those recognizable by human perception, any character(s), figure(s), sign(s) or three­dimensional shape(s) or colors, or any combination thereof, sounds, etc. provided by Cabinet Order (hereinafter referred to as a "mark") which is:

(i) used in connection with the goods of a person who produces, certifies or assigns the goods as a business; or 

(ii) used in connection with the services of a person who provides or certifies the services as a business (except those provided for in the preceding item).

(2) "Services" set forth in item (ii) of the preceding paragraph shall include retail services and wholesale services, namely, the provision of benefits for customers conducted in the course of retail and wholesale business.

(3) "Use" with respect to a mark as used in this Act means any of the following acts: 

(i) to affix a mark to goods or packages of goods;

(ii) to assign, deliver, display for the purpose of assignment or delivery, export, import or provide through an electric telecommunication line, goods or packages of goods to which a mark is affixed; 

(iii) in the course of the provision of services, to affix a mark to articles to be used by a person who receives the said services (including articles to be assigned or loaned; the same shall apply hereinafter); 

(iv) in the course of the provision of services, to provide the said services by using articles to which a mark is affixed and which are to be used by a person who receives the said services; 

(v) for the purpose of providing services, to display articles to be used for the provision of the services (including articles to be used by a person who receives the services in the course of the provision of services; the same shall apply hereinafter) to which a mark is affixed;

(vi) in the course of the provision of services, to affix a mark to articles pertaining to the provision of the said services belonging to a person who receives the services;

...........


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【日本】国家知识产权法律法规原文和译文——商标法
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