The “Soufflé Pancake Squeeze” is a free gift included with the purchase of Mos Burger’s Mos Wai Wai Set. It’s a keychain-style toy characterized by its appearance—which looks just like a pancake—and its squishy texture.
The packaging and clear case feature the “M” mark and the “MOS BURGER” logo. How is a logo affixed to such a “freebie” treated as a trademark?
A relevant precedent is the court case known as the “BOSS Case.” In that case, the issue was whether T-shirts bearing the “BOSS” logo—distributed free of charge to purchasers of electronic musical instruments—constituted “merchandise” under the Trademark Act. The court ruled that the T-shirts and other items were not “merchandise” subject to independent trade but merely advertising media intended to promote the electronic musical instruments and thus denied the claim of trademark infringement regarding the apparel.
So, are the Mos Burger squishy toys also merely advertising media?
According to an announcement from Mos Burger dated October 3, 2026, while these squeeze toys had previously been sold individually, a purchase limit of up to five per person was imposed starting on that date, and individual sales were discontinued. Since a unit price was set and they were actually being sold, it can be considered that, at least at that time, they were “merchandise” that could be the subject of independent transactions. This point differs from the T-shirts and other items in the BOSS case.
MOS Food Service Co., Ltd. has registered the “M” mark and the “MOS BURGER” logo as trademarks (Japanese Trademark Registration No. 6819254, No. 6819255). The designated goods include not only “hamburgers” but also “key chains,” “toys,” and “hamburgers with toys.” This makes it easier to take action against other companies using logos identical or similar to the registered trademarks not only in the hamburger category but also in the key chain and toy sectors. Such trademark registrations help protect the value of the MOS brand across a wide range of products.
Even if an item is a “freebie,” it may qualify as a “merchandise” under trademark law if it is the subject of independent commercial transactions. Mos Burger’s squeeze toys are an example of items that possess value as goods while also serving an advertising and sales promotion function (Hiro).














