[Japan Trademark Registration] Precautions when Creating a Logo with Free Fonts

Is it problematic to use free fonts for trademark registration?

To keep costs down, I’ll design my own logo trademark using some stylish free fonts!

Are those free fonts allowed for commercial use or trademark registration? Depending on the font, it could cause some issues.

What kind of fonts can I use for my trademark?

When creating your own logo trademark, being able to use free font materials distributed on the internet or pre-installed fonts on your PC software or apps allows you to create a wonderful trademark without spending much money.

However, is it legally permissible to use fonts created by others for your own trademark? Also, are there any issues with registering a trademark that uses such fonts?

In this article, we will explain the precautions to keep in mind when using font materials for trademarks and when registering them.

What rights exist in font materials?

Relationship with Copyright

It is considered extremely rare for the design of a font itself to be protected by copyright in Japan.

This is because, in order for a font to be recognized as a “work” subject to copyright protection, it must meet both of the following conditions:

• It must possess originality, having prominent characteristics compared to conventional printing typefaces.
• The font itself must possess aesthetic qualities that make it an object of artistic appreciation.
  (Reference: Supreme Court Judgment of September 7, 2000; Minshu Vol. 54, No. 7, p. 2481)

Therefore, for most fonts in the world, even if you use them for your trademark without permission, the likelihood of violating copyright law is low in Japan.

So, unless it’s exceptionally unique, it’s unlikely that a font is protected by copyright. Then, is there really no problem using it for my trademark?

Theoretically, yes, but in practice, that is not always the case.

Relationship with Terms of Use

Regardless of whether they are free or paid, many font creators set terms of use or licensing conditions when distributing their fonts. For example, they may require use under conditions such as:

• Free of charge, and allowed for trademark use and registration without prior notice.
• Allowed for trademark use, but trademark registration of that logo is prohibited.
• Prior licensing (concluding a contract, paying usage fees, etc.) is required for trademark use or registration.

Fonts that clearly state “OK for commercial use” and “OK for trademark registration” in their terms of use can be used with peace of mind.

To avoid trouble, checking in advance is crucial!

About the “Standard Characters” System in Japan

When filing a trademark application with the Japan Patent Office (JPO), in addition to using logo image data you prepared yourself, you can also file in the format of “Standard Characters”.

“Standard Characters” refer to a typeface designated by the JPO for trademark applications and registrations, so no issues regarding font usage conditions will arise.

Create Your Own Logo Trademark and File an Application in Japan!

If the creator of the font material permits its use for trademarks and trademark registration for free and without requiring notice, you can use it for your logo trademark and register it without any problems in Japan.

Once you have created a logo using free materials, you would probably want to keep the cost of trademark registration low as well.

With the online trademark search and application service “Amazing DX,” you can perform trademark searches, applications, and registrations in Japan at a lower cost than hiring a patent/trademark firm, and in a simpler, more secure way than trying to do it all by yourself.