[Trademark News] Ezaki Glico’s “Pocky” Registered as a 3D Trademark!

― A Confection Shape Registered as a 3D Trademark After Years of Use ―
(Trademark Registration No. 6951539)

The product shape of “Pocky,” a flagship brand of Ezaki Glico Co., Ltd., was officially registered as a three-dimensional trademark on July 25, 2025.

Trademark Registration No. 6951539 (Designated Goods: Chocolate Confections)

◆ What is a 3D Trademark?

A three-dimensional trademark is a system in which the three-dimensional shape itself is registered and protected as a trademark.

However, since product shapes are often elements that all businesses may wish to use in trade, granting exclusive rights to a single party is generally considered inappropriate in terms of public interest. Therefore, obtaining registration is usually difficult.

◆ Examination of Pocky’s 3D Trademark

In the case of Pocky, the Japan Patent Office (JPO) initially issued a refusal, stating that “confectionery products using chocolate with similar configurations are commonly traded, and the shape is merely recognized as a representation of the content and characteristics of the goods in an ordinary manner” (i.e., lacking distinctiveness) under Article 3(1)(iii) of the Trademark Act.

◆Why Registration Was Granted

In response, Ezaki Glico submitted:

　● Consumer survey results (over 90% of respondents identified the product as “Pocky” based on its shape),
　● Sales and market share data,
　● Advertising and promotional records.

On this basis, the JPO acknowledged that although the product shape initially lacked distinctiveness, it had acquired distinctiveness through long-term use, and thus granted registration under Article 3(2) of the Trademark Act.

◆ Other Confectionery Examples

Similar cases include Meiji Co., Ltd.’s “Kinoko no Yama” (Reg. No. 6031305), shaped like a mushroom, and “Takenoko no Sato” (Reg. No. 6419263), shaped like a bamboo shoot, both for chocolate confections. Both marks were initially refused for lack of distinctiveness but were eventually granted based on proof of use (Article 3(2) of the Trademark Act).

Trademark Registration Nos. 6031305 & 6419263 (Designated Goods: Chocolate Confections)

By contrast, Nestlé has filed a application for the shape of “KitKat” as a three-dimensional trademark (Application No. 2020-121513). However, registration has not been granted, and the case remains under examination in an appeal against the refusal decision (as of September 16, 2025).

Trademark Application No. 2020-121513 (Designated Goods: Chocolate Confections)

◆ Is This a Trademark Too? Examples of Confectionery 3D Trademarks

Other examples of confectionery product shapes registered as three-dimensional trademarks include:    

・Piyorin, a chick-shaped sweet souvenir from Nagoya (Registration No. 5663067)

・HARIBO,gummy bears (Registration Nos. 5800440, 5800441, 5800442, 5800443, 5800444)

◆ Summary

As these cases show, protecting confection shapes through three-dimensional trademarks plays an important role in brand building for manufacturers. The trend of safeguarding product shapes through three-dimensional trademarks is likely to draw even more attention in the future.

Source: https://www.j-platpat.inpit.go.jp/

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Written by Chikako Tsunoda, Patent and Trademark Attorney, Trademark Group