In Philip Morris Products SA v Japan Tobacco Inc (MCA (TA Distr) 64734-10-13, May 18 2014), in proceedings between two rival applications, the district court has affirmed on appeal a decision of the registrar of trademarks to proceed with the examination of a device mark containing the words 'activate freshness' for cigarettes in the name of Japan Tobacco Inc, and to refuse Philip Morris Products SA's application for a device mark containing the words 'activate' and 'fresh'. 

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