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ARTICLE · 09 JANUARY 2017

Outline Of Design Prosecution In Japan

A title of design, i.e., an article having the design, should be determined in accordance with the Japanese design classification specified under the ordinance of the Ministry of Economy, Trade and Industry.

JapanIntellectual Property
Nakamura & Partners
Nakamura & Partners

1. APPLICATION

(1) Article (Title)

A title is the name of the article in which the design is embodied. A title of design, i.e., an article having the design, should be determined in accordance with the Japanese design classification specified under the ordinance of the Ministry of Economy, Trade and Industry.

In case of filing a so-called partial design where a design of a part of an article is claimed, the title of the design may not be that of the part for which design protection is sought ("the claimed portion"); instead, it must be that of the entire article. For example, in a case where a design protection for the handle part of a coffee cup is sought, a title such as "HANDLE FOR COFFEE CUP" is not permissible; it should be "COFFEE CUP."

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