G-SHOCK has been Casio’s signature wristwatch brand since 1983. The 3D shape of the square design, inherited from the first generation DW-5000C, was applied for trademark registration in 2023 to celebrate the 40th anniversary of the company. However, the Japan Patent Office deemed the 3D shape to fall under Article 3(1)(iii) of the Japanese Trademark Law and rejected the application. Casio appealed.

Wristwatches are durable consumer goods that are purchased infrequently, so an unfavorable result was expected. Added difficulty was derived from the fact that many models of the G-SHOCK brand featured designs different from the 3D shape in question.

In order to identify the parts of the shape that are most identified by consumers, NERA carried out a pretest using a set of 3D-shape pictures with slightly different elements. A large-scale survey was conducted with the picture that worked best in the pretest. In the report, NERA explained the results in light of market realities and consumer behavior.

The survey results supported the secondary meaning, along with the length of the sales period and Casio’s marketing efforts. The trial judge made a decision to register the 3D shape as a trademark in accordance with Article 3(2) of the Japanese Trademark Law.