“Tarzan” Trademark Invalidated on Public Order and Moral Grounds

The Intellectual Property High Court of Japan has recently held that the registration of the trademark TARZAN by a third party was against public order or morality and had to be declared invalid.

A US company established by the author of the novel “Tarzan”, Edgar Rice Burroughs (ERB), claimed nullity of the trademark TARZAN, registered by the defendant for goods in Class 7, such as “robots for plastic molding machines”. ERB argued that the mark was registered in violation of Article 4.1.7 of the Japanese Trademark Law which prohibits the registration of trademarks against public order or morality.

The Japanese ...