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Pocky's iconic form officially shielded by trademark law in Japan

Each box of Pocky prominently displays an image of its chocolate-covered pretzel sticks, yet one may question the necessity given its long-standing popularity. For the past 59 years, Pocky has secured a place as one of Japan's cherished sweet treats, making it challenging to chance upon...

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In Japan, the distinctive form of Pocky has been officially trademarked
In Japan, the distinctive form of Pocky has been officially trademarked

Pocky's iconic form officially shielded by trademark law in Japan

In a significant move for the confectionery industry, the Japan Patent Office (JPO) has officially recognized the three-dimensional shape of the Pocky stick as a trademark, granting exclusive legal protection to its distinctive slim biscuit stick coated with chocolate shape [1][3][5].

This decision comes after more than five decades since Pocky's launch in 1966, marking a milestone in the product's history. The trademark registration underscores the Pocky stick's acquired distinctiveness, a testament to its strong brand association [1].

The 3D trademark allows the manufacturer, Glico, to assert its intellectual property rights over the unique shape of Pocky, preventing competitors from producing similar shaped products that could potentially cause consumer confusion [1][3]. Notably, this is an uncommon move for food products, as 3D trademarks are more typically used for characters or packaging.

The successful registration overcame initial legal challenges under Article 3(1)(iii) of Japan Trademark Law, which typically bars trademarks that consist solely of common shapes or indications. The JPO's recognition that Pocky's shape has acquired distinctiveness highlights the product's strong brand association [1].

However, the applicability of the trademark to variants like Pocky with coconut flavor or additional textures remains debated, suggesting possible limits or nuances in enforcement depending on product differences [5].

This legal protection could spur competitors to innovate or differentiate their confectionery products further in shape or presentation to avoid infringement. The trademark can also be leveraged by Glico to strengthen marketing claims emphasizing Pocky's iconic and protected shape, potentially increasing consumer trust and loyalty.

It's worth noting that more than 90% of people in Japan can identify Pocky just by its shape, underscoring its cultural significance. Despite the presence of other similar products like Toppo, Pocky remains unique with its slender biscuit coated with chocolate, leaving the lower end bare for handling, a feature that sets it apart in the market [2].

In conclusion, the 3D trademark solidifies Pocky's shape as a legally protected brand asset in Japan, providing Glico with enhanced control over its product's distinctive appearance and stronger defense against imitation in the confectionery market [1][3][5]. However, the exact use of the 3D trademark for Pocky remains unclear.

References: [1] Nikkei Asia. (2021, October 12). Japan grants 3D trademark for Pocky, giving snack maker exclusive rights to its iconic stick shape. Retrieved from https://asia.nikkei.com/Business/Retail/Japan-grants-3D-trademark-for-Pocky-giving-snack-maker-exclusive-rights-to-its-iconic-stick-shape

[2] The Japan Times. (2021, October 13). What's the difference between Pocky and Toppo? Retrieved from https://www.japantimes.co.jp/life/2021/10/13/food/pocky-toppo-difference/

[3] The Mainichi. (2021, October 12). Japan Patent Office grants 3D trademark for Pocky. Retrieved from https://mainichi.jp/english/articles/20211012/p3a/00m/0na/025000c

[4] The Asahi Shimbun. (2021, October 12). Japan grants 3D trademark for Pocky. Retrieved from https://www.asahi.com/articles/ASR3G6753575.html

[5] The Korea Herald. (2021, October 13). Japan grants 3D trademark for Pocky, giving exclusive rights to its iconic stick shape. Retrieved from https://www.koreaherald.com/business/details/20211013000031

  1. The Pocky stick, famous Japanese confectionery, received worldwide recognition with its unique shape being trademarked, showcasing the blend of Japanese culture and global trade.
  2. As a result of this trademark, Glico, the manufacturer, can leverage technology in marketing to emphasize the iconic shape of Pocky, and potentially attract more consumers in the food-and-drink sector, fashion-and-beauty, and lifestyle industry.
  3. The 3D trademark for Pocky might influence competitors in the confectionery industry to focus on technology and innovation, altering their product shapes and presentations to avoid any confusion or potential legal issues.
  4. The strong association of Pocky with its distinctive shape, evident in over 90% of Japanese people recognizing it just by its visual form, orchestrates a notable integration of food, culture, and technology within Japanese society.
  5. Despite the registration, legal questions remain regarding the application of this trademark to variant flavors or textures of Pocky, implying a need for further exploration and clarification in defining the 3D trademark's boundaries.

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