KIYOHARA & CO., PATENT ATTORNEYS

PAWhat is trademark?
Trademark is a so-called brand name labeled on a commercial goods and service, and it functions as a mark for consumers to select goods and services. Therefore, it is very important to register the trademark right.

 

The followings show the types of trademarks accepted in Japan:

1)Word Trademark 2)Device Tademark 3)Symbol Trademark
W ˂ LW
4)Three-dimensional Trademark 5)Any Combination from 1)-4)[at least two]
̏W
A}`ALA̓I`̓ˆȏオW

6)Any Combination from 1)-4) with colors [at least two]

Now, the followings indicate the examples of unregistered trademarks
(A) Trademark lacking distinctiveness,
For example
@ the marks including generic terms of goods and services,
A the marks describing the selling area of goods, the use of goods, quality of service, and place where services are provided.

 
Example    
Goods "Lettuce" Trademark "Sunny Lettuce"(Generic term of goods)
Goods "Clothes" Trademark "Tokyo Ginza"(selling area of goods)
Goods "Shoes" Trademark "Climbing"(use of goods)
Service "Providing food and drink" Trademark "Chinese cuisine"(quality of service)
Service "Car transport" Trademark "All-around New York" (place where services are provided)
 
iajTrademark which can not be registered due to the public interest
       
1F Trademark identical or similar to national flags

Ɠꖔ͗ގ̏W

2F Tradeamark offensive to public order and morals

E 1.Fierece or filthy words (device)
E 2.Racial Discrimination words (device)

 
ibjTrademark which can not be registered from the view point of protecting private interests
       
1F
Trademark identical or similar to registered trademarks 1)which is owned by others, and 2)which designates the same or similar goods or services
TrademarkuTELRIGHTv
Goodsudigital camelav
~ TrademarkuTELERIGHTv
Goodsuvideo camerav
2F Trademark which may confuse goods and services related to others business

urnmxv~urnmxv





QANecessity for registering trademarks

It is not necessarily to register all of the trademarks for the brand name that you created. Without registration, trademark can be also used, however, in such a situation, following cases might occur.

1. It is impossible to prevent others from using the trademark which is identical or similar to that of yours. (Under the Japanese law Against Unfair Competition, only the well-known trademarks can be protected from the infringement.)

2. Your trademark might infringe otherfs registered trademarks

    Especially, when the case falls into 2, you may be suited for damages for your infringement on otherfs registered trademark.

For example, please think about the situation that you have a good business in ice creams on which a brand name gtwisted ice creamg is labeled. If the others take an advantage of your ice creamfs popularity and sale the same brand name ice cream, consumers wrongly select and buy the otherfs ice cream instead of yours. Eventually, your sales may decrease, and your advertisement expenses etc. are taken a free ride. However, if you have the trademark right for gtwisted ice creamg, others are prevented from its use. For example, you can file an injunction and sue for compensatory damages to the others. On the contrary, if you do not have the trademark right, others may have the chance to obtain the trademark right for gtwisted ice creamg on ahead, because earlier application can be registered in Japan. In such a case, even though you use the trademark earlier than the other, you are not accepted to use the trademark gtwisted ice creamg, and you might be suited for damages for your infringement.

As shown above, trademark right is very important, and we advise you to register your created brand and logo as a trademark immediately.
Trademark
OSAKAbKIYOHARA & CO., PATENT ATTORNEYS@-@Entrust us for Intellectual Property including Patent, Utility Model, Design Patent, and Tradeamrk
Trademark

1.      What's Trademark?
2.      Necessity for registering
3.      Flow Chart from Filing Application to be Granted of Trademark
4.      Q&A
5.      Flow Chart of Procedure of Our Firm
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