Ajinomoto Co. sought to register “Marudori Gara Soup” as a trademark. Marudori Gara Soup (chicken soup stock) has been sold for many years and is a popular product with a high market share, but the Japan Patent Office found the trademark lacked inherent distinctiveness and rejected Ajinomoto’s application. In order for Ajinomoto to obtain a registration decision in the appeal procedure, it was necessary to demonstrate the product had acquired secondary meaning through use. Ajinomoto asked NERA to carry out a survey at a stage when a questionnaire survey would be an imperative piece of evidence.

Food products are relatively inexpensive and frequently purchased, so consumers tend to be aware of product brands but not the name of product source.

In line with Article 3(2) of the Japanese Trademark Law, NERA designed questions to verify if the mark in question had attained trademark status without asking the name of product source. The questionnaire incorporated controlled experiments and questions for obtaining benchmark figures so that the results could be viewed objectively. The report provided an accurate and easy-to-understand account of customer recognition.

The survey yielded strong results supporting the secondary meaning through the use of the mark. NERA’s report was evaluated favorably as part of the evidence. The Japan Patent Office’s trial division made a positive decision for Ajinomoto, resulting in a registration on 2 February 2024.