Japan's Pocky Recognized for 3D Trademark Rights Locally
Every November ignites the debate over the 'original Pocky', and one of its protagonists, Pocky, has secured 3D trademark rights in Japan. What does this mean for Lotte Wellfood's 'Pepero'?
According to local media reports from Japan on the 8th, Pocky manufacturer Glico was approved for a 3D trademark for the 'Pocky shape' from the Japan Patent Office on the 25th of last month.
3D trademark rights protect the three-dimensional shape of a product itself, rather than the product name or logo.
Generally, this is mainly applied to unique characters or package designs, such as Mickey Mouse dolls or Coca-Cola bottles. It's rare for food products to obtain such rights.
In the case of food, it is often challenging to recognize 'distinctiveness' because the shape is naturally formed during the manufacturing process.
However, Glico pursued trademark registration with the confidence that 'just by looking at the shape, it’s recognizable as Pocky'. In fact, a survey conducted by Glico in 2023 with 1,036 Japanese consumers aged 16 to 79 found that more than 90% could identify Pocky solely by its shape without packaging.
With this 3D trademark acquisition, Glico can prevent other companies from selling snacks with the same shape as Pocky within Japan.
Impact of Japan's Recognition of Pocky 3D Trademark on South Korea
What does this mean for 'Pepero', which is produced in a similar shape in South Korea?
Pocky was born in 1966, while Pepero was introduced in 1983. In July 2015, Glico filed a trademark infringement lawsuit against Lotte Confectionery (now Lotte Wellfood) in a federal court in New Jersey, claiming that Pepero mimicked its Pocky product.
However, the U.S. Third Circuit Court of Appeals ruled in favor of Lotte Confectionery, stating that if a specific shape serves functional purposes such as product operation, convenience, cost reduction, or quality enhancement, monopolizing it would be detrimental to competition, thus rendering it not subject to trademark law protection.
Most importantly, 3D trademark rights are effective only within Japan, making it difficult to directly regulate the sale of similar products abroad.
Given that the trademark rights are limited to Japan and that Pocky cannot monopolize its shape according to the previous ruling, it appears that the acquisition of 3D trademark rights will not significantly impact countries outside Japan, including South Korea.
Meanwhile, Lotte Wellfood's main chocolate snack brand, Pepero, recorded export sales exceeding 40 billion won in the first half of this year for the first time, marking the highest sales in a half-year period.
Pepero is one of the brands that Lotte Wellfood is focusing on nurturing, and it's currently exported to over 50 countries, including the United States and Canada.
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