September 27, 2006

Last week, the Intellectual Property High Court in Japan decided that "Anne of Green Gables" is not eligible for trademark protection in that country as requested. According to the Asahi.com news article (link below), a film company in Canada attempted to register the mark in 2000 after producing a trilogy of movies based on the story. However, the government of Price Edward Island (the setting of the book) opposed the effort to register the commercial mark in Japan, stating that the integrity and overall image of "Anne of Green Gables" would be harmed if the registration were permitted. The Japanese Patent Office agreed with the government and nullified the registration, which was upheld on appeal. According to Judge Tsukahara, "Anne of Green Gables' is an important cultural asset of Canada that the country is proud of," and "[i]t would go against the international faith between Japan and Canada if a trademark registration that could impair the prestige borne by the protagonist and other characters is approved." A quick search of the USPTO database shows six applications for "Anne of Green Gables" in the United States, two of which are registered (both to the same owner).

Asahi.com News Article: LINK
Japanese Patent Office Website: LINK

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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