The Japanese Patent Office (JPO) announced on 27 October that it has issued its first-ever registration decisions for non-traditional trademarks.

Among the accepted publications are 21 cases for sound marks, 16 for moving marks and 5 for position marks.  The JPO has not yet issued any decisions regarding color marks, for which secondary meaning must be established before registration.

It is most likely that establishing secondary meaning for color marks would not be easy.