Important points to create and trademark a logo with a free font in Japan

Is there a problem with using free fonts to create and trademark a logo?

To keep costs down, I’ll make my own logo trademark!
With stylish free fonts, I can make cool trademarks myself!

Wait a minute.
Can you use that free font for commercial use or register it as a trademark?
Some fonts may cause problems in Japan

I don’t want it to be a problem.
What kind of fonts can I use for my trademark?

When you create your own logo trademark, if you can use free font materials distributed on the Web or fonts that are installed from the beginning in PC software, applications, etc., you can create a nice trademark at no cost to you.
But can you use fonts created by others for your trademark?
And is there any problem in Japan registering a trademark using such a font?

This article explains what to look out for when using font material as a trademark in Japan.

Rights related to font material

Copyright

The first right related to fonts that comes to mind is probably “copyright.”
Since fonts are a type of design related to letters and characters, it is natural to assume that copyrights, which are the exclusive rights of their creators to benefit from various artistic works, may arise.

However, in Japan, font design itself is very rarely protected by copyright.

This is because, in order for a font to be considered a “copyrightable work”, it must satisfy both of the following conditions

1. it must be original, i.e., it must have a distinctive character compared to conventional typefaces for printing.
2. the font itself must have an aesthetic characteristic that makes it an object of art appreciation
   (Reference: Minimal Judicial Decision, September 7, 2000, Minshu Vol. 54, No. 7, p. 2481)

In other words, for a font to be protected by copyright, it must have characteristics that make it completely different from other fonts, and the font itself must be a work of art or a work of art.

For example, if a font has pictures or decorations attached to each letter/character of the font, it may be protected by copyright.
However, not all fonts are like that.
Rather, such fonts are considered to be in the minority.

Therefore, for most fonts in the world, it is unlikely that you will violate copyright law in Japan even if you use the font for your trademark without permission.

So it’s unlikely that font is copyrighted unless it’s very distinctive.
Then there’s nothing wrong with using it in my trademark, is there?

In theory, yes, but in practice, this is not always the case.

Terms of Use

Regardless of whether the font is free or paid for, many font creators set terms and conditions of use when they distribute the fonts they create.
Terms of use vary from font creator to font creator. For example, they include the following

• Free of charge and without prior notification, use of the font in a trademark is permitted, and the font may be registered as a trademark
• Use of a trademark is allowed, but registration of that trademark is not allowed
• Prior license (e.g., execution of a contract, payment of royalty fees, etc.) is required for use in trademarks and registration of trademarks

If you violate the Terms of Use, you may be sued by the font creator.

As mentioned above, it is unlikely that fonts are subject to copyright protection in Japan, so whether the use of font material outside of the Terms of Use will actually be deemed illegal in court or elsewhere is another matter.
But the possibility of being sued is a risk in itself.
Such a risk should be avoided as much as possible.
To do so, check the Terms of Use.

If the terms of use clearly state “you can commercially use” or “you can use for trademark registration“, you can use the font with peace of mind.

Well, it’s important to check in advance to avoid any trouble!

Copyright of the program

I mentioned that “font design” is unlikely to be protected by copyright in Japan. However, in general, “font programs” are protected by copyright in Japan.
Therefore, modifying, copying, and redistributing a font program is likely to be a copyright violation.

The act of creating a trademark using the software in which the font is installed (or has been installed) usually does not involve any modification to the font program.
Note, however, that the “program” is subject to copyright.

Fonts that may be trademarked and fonts that require caution

Here are a few fonts that we often see in our daily lives, whether they can be used for trademarks or not, and whether caution should be exercised.

Fonts installed in Adobe products from the beginning

Fonts that are installed from the beginning in Adobe products are acceptable for use in trademarks and for trademark registration if the trademark is created using that product.

Reference: Adobe Font licensing
https://helpx.adobe.com/fonts/using/font-licensing.html

Fonts installed in Windows from the beginning

Of the fonts that are installed in Windows from the beginning, fonts that begin with “MS” and fonts such as “Meirio” that have Microsoft as the copyright holder may be used as trademarks and may be registered as trademarks.
The “copyright” notice can be checked from the font properties.

However, fonts that have been installed in Windows from the beginning, but are not copyrighted by Microsoft, may not be used as trademarks or registered as trademarks.
For such fonts, you should check what the terms of use are set by the font foundry indicated in the “Copyright” section.

Reference: Font redistribution FAQ (Frequently Asked Questions) for Windows
https://docs.microsoft.com/en-us/typography/fonts/font-faq

About “standard characters”

When filing a trademark application with the Japanese Patent Office, in addition to using your own logo image data, you can also file in the form of “standard characters”.
Since “standard characters” are typefaces designated by the JPO for the purpose of trademark application and registration, there is no problem with font usage requirements.

The “standard character” system can only be used for trademarks consisting solely of characters in daily use in Japan (hiragana, katakana, numbers, English alphabet, common kanji, and some symbols), but if your trademark is such a trademark, you should consider filing in the “standard character” system.
Incidentally, under the Japanese trademark system, the cost of application and registration is the same whether you file an application using “standard characters” or logo image data.

Create your own logo trademark and file it in Japan easily and inexpensively!

As mentioned above, any font that the creator of the font material allows to be used in a trademark or registered as a trademark, free of charge and without reporting, can be used in your logo trademark and registered as a trademark without any problems.
Please make sure you check it carefully before actually using it.

If you create a logo using free materials, you want to do the trademark registration inexpensively.

If you use our online trademark search and application service, Amazing DX, you can search, apply for, and register your trademark in Japan for less than the cost of hiring a regular patent attorney’s office (patent and trademark firm).

Amazing DX allows you to easily select your designated goods and services online.
It is easy to select a large number of products and services to search first, and then re-search after the search, removing only those that are marked with an “X”.

If you are not sure which goods or services to choose from, our trademark attorneys will be happy to answer your questions. Please feel free to contact us via chat.