Abstract of Retail Services and Wholesale Services

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Abstract of Retail Services and Wholesale Services
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1. Trademark for Retail Services and Wholesale
Services
Trademark for Goods Fruit BCD Department
store Books BCD Department store Clothes BCD
Department store
Trademark for Services Wholesale Services
BCD Department store
Expensive
Inexpensive
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2. Actual Situation
Services at shops Stocking of various
kinds of commodities Displaying various
kinds of commodities Explaining various
kinds of commodities to customers

Trademarks used at shops - Shop signs at the
entrance or on an outside wall, etc. -
Employee uniforms - Shopping carts -
Shopping bags (Paper bags, plastic bags)

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3. Before the Law Was Revised (Until March 31,
2007)
Services are considered as accompanying (or
dependent) The cost of Services are included
in the cost of Commodities
Expensive
Trademark rights must be obtained for each
commodity
But
Using the trademark is not considered the same as
using for the commodity
Loss of trademark
?
BCD
The trademark right for a commodity may be
invalidated by a Non-Use Trial
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4. After the Law is Revised (From April 1,2007)
The services are considered as independent
services.
Trademark rights can be obtained for retail
services or wholesale services
Using the trademark is considered the same as
using for the service
The trademark right can not be invalidated by
Non-Use Trial
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5. The Damage of Not Having a Trademark for
Services
If you are using the BCD registered trademark
for retail or wholesale goods, and are not the
proprietor of that trademark
We are very sorry! We dont realize that we were
unlawfully using a registered trademark.
you are infringing on the BCD trademark, and
any use thereof is strictly prohibited by
Trademark Law!
We have been using the BCD trademark for a long
time
BCD
you are not infringing because you are the
proprietor of the trademark right!
And if you are the proprietor of the registered
trademark BCD for retail or wholesale services

BCD
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6. Interim Measures (April 1, 2007 to June 30,
2007)
We are not using a trademark!
We are using the trademark!
We are using the trademark!
Please Discuss!!
Treated as filed on the same day
The general terms of registration are examined
A Consultation order is issued by the Commisioner
of Japanese Patent Office
Assertation of usage Evidence of usage
Refused
Both are registered as proprietors
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7. Continuous Usage Right Based on Prior Usage
March 31, 2007
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8. Retail Services or Integrated retail Services
The conditions of registration of integrated
retail services Percentage of xxx for
integrated retail services
Apparel (Clothing, etc.) 1070of sales Food
and Beverages 1070of sales General
Merchandise 1070of sales
OK
BCD Department Store
Retail services for apparel
Apparel (Clothing, etc.???)
BCD Department Store
Retail services for food and beverages
NO
Food and Beverage
BCD Department Store
Retail services for general merchandise
General Merchandise