Aug 14, 2021Share
In japan trademark registration rules is different from other countries. They have adopted the first file system. When an application for a similar brand is filed, the registration is granted to a person who has applied first.
Mary Poppins Inc, a Japanese company provides babysitting services.
They applied for a trademark and successfully registered in the year 2014 for a wordmark "Mary Poppins" under class 45.
In 2019 Disney filed an opposition. They claimed that the name "Mary Poppins" is a well-known and famous movie.
The brand name is in a way associated with Disney. This could confuse the public with Disney's well-known goods.
The Patent Office acknowledged the presence, reputation, and popularity of the character 'Mary Poppins".However, they disagreed with Disney's claims of causing any confusion. They concluded that no violation of trademark law was met. "Mary Poppins" was not used as a source of trade origin rather Disney used it as product merchandising. It wasn't used as a brand for particular products or services. The only connection was with "Mary Poppins" name and character from the film. Noting this point the patent office concluded that the consumers in other countries won't be associating the registered mark with Disney's character.
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