In 2015, Kirin applied to register as a trademark the specific 3D shape of embossed aluminum cans for the “Hyoketsu®” brand of alcoholic beverage, only to get rejected by the Japan Patent Office.

The so-called diamond-cut can had been used for many years but never without company and brand names. Kirin asked NERA to conduct surveys to determine consumers' recognition of the can's shape. NERA conducted a carefully designed surveys and presented the results with an analysis of the ready-to-drink alcoholic beverages market to show that consumer recognition of the 3D shape is significantly high.

After conducting robust questionnaire surveys, NERA focused on the characteristics of consumers of the Hyoketsu® series, and using the perceptions of core consumers who account for a high proportion of sales in the canned chūhai market as a key, analyzed the results to infer that a considerable level of distinctiveness of the 3D shape had been achieved among consumers. 

A report summarizing NERA’s results was submitted to the JPO. An trial and appeal division judge overturned the rejection according to Article 3(2) of the Japanese Trademark Law, and the 3D shape was registered.