The Japan Patent Office’s official X account posted a “position trademark quiz” asking users to identify Nissin Foods’ Cup Noodles from a gold banded pattern reminiscent of its white cup. The correct answer was disclosed on the 7th, sparking discussion about the strength of a design that allows a product to be identified by its pattern alone.
On 6 August, the Japan Patent Office posted a “position trademark quiz” featuring an image of the outline of a white cup with gold bands at the top and bottom. The post included the hint, “Hint: There are many different flavors,” prompting discussion on social media.
The following day, 7 August, the Japan Patent Office announced that the correct answer was Nissin Foods’ Cup Noodles. The fact that the product name immediately came to mind from its familiar pattern alone attracted attention, prompting discussion about the possibility of registering the design as a trademark.
A position trademark is a trademark for which the “position” where a design, color or other feature is applied to a product or service is specified. Since 2015, new types of trademarks, including sound, motion, color and position marks, have also been eligible for registration. Nissin Foods applied to register the iconic band-shaped design known as the “caterpillar” on Cup Noodles as a position trademark, and it was registered in April 2018.
As related information, this article introduces the position trademark quiz and explains the basics of position trademarks and the process by which Nissin Foods registered its trademark.