How to respond to
a “Notification of Provisional Refusal”
issued by the JPO under the Madrid System
"The scope on which trademark right is not effect" is revised.
When marks are not used as trademarks, the use is not treated as trademark infringement. The revision describes this doctrine on Trademark Act.
The right photo is the jacket photo regarding the judgment where the CD titled "UNDER THE SUN" does not infringe with the trademark "UNDER THE SUN".
Types of judgments which denied infringements because trademarks are not used in way of having function of identification.
1. Use as design
2. Title of books or CDs
3. Use as catchphrase
4. Use for instruction
5. Use as description
6. Use for novelty
