TOKYO — Japan’s High Court of Intellectual Property has overturned a decision by the Japan Patent Office not to recognize the shape of the eponymous character from the film “Shin Godzilla” as a 3D trademark, accepting the claims of the producer and distributor of the movie.

Distributor Toho Co. applied in September 2020 to register Godzilla’s fourth form, the final evolutionary form of the character appearing in the film, as a 3D trademark for use in action figures and toys. The Patent Office, however, refused registration and at a hearing in March this year rejected the appeal, saying: “It is simply a form resembling dinosaurs or creatures imaginary.” In May this year, Toho filed a lawsuit seeking to overturn the decision.

In its October 30 decision, the High Court of Intellectual Property noted that since the release of “Shin Godzilla” in theaters in 2016, the shape of the character with its countless folds and complex rock texture has been “widely recognized by consumers “. Noting that the film franchise has been releasing new Godzilla titles for more than 60 years, the intellectual property court recognized that the character was “extremely recognizable” and accepted the trademark.

The Japanese Patent Office could appeal to the Supreme Court if it finds the decision unfair, but it is most likely that the office will accept the decision and approve the trademark registration.

Businesses are allowed to register trademarks to distinguish their products and services from those of other companies, which include 3D shapes in addition to text and diagrams. Other 3D trademarks registered to date include the character “Peko-chan” from the Fujiya Co. confectionery store chain; Meiji Co.’s mushroom-shaped “Kinoko no Yama” chocolate snacks, also known as “Chocorooms”, and the first G-SHOCK watch produced by Casio Computer Co.

Meiji has adopted a strengthened policy aimed at protecting its intellectual property. So it filed a request with customs to stop the importation of imitation wireless earphones resembling its Kinoko no Yama snacks to prevent the distribution of counterfeit products.

Toho is the first company to file a 3D trademark application for Godzilla. When approached by the Mainichi Shimbun, a company representative commented: “We are happy that our company’s claims have been accepted by the court. In the future, we would like to work to secure rights to use and protect our rights to Godzilla and other intellectual property of our company.

(Japanese original by Shu Hatakeyama, Digital News Group)