Types of Trademarks in Japan: New Types of Trademarks, Regional Collective Trademarks, etc.
What are the various types of trademarks?
Are there different types of trademarks in Japan?
Yes, based on the nature of the trademark itself, there are word marks, device marks, three-dimensional marks, etc.
Also, since April 2015, “new types of trademarks” have become available for registration in Japan!
What kind of “new types of trademarks”?
There are also different types depending on the registration system.
Let’s take a look at what they are and what they are all about together!
Types according to the nature of the trademark
Traditional Trademarks
The following five types of trademarks were originally available for registration.
Word marks
These are trademarks consisting solely of “characters or letters” such as hiragana, katakana, kanji, numbers, alphabets, etc.
Figurative marks
Trademarks are made up of pictures, figures, cartoon characters, logo characters, etc.
Symbolic marks
Symbols combining letters in a graphic form, monograms, symbolic emblems, etc.
Three-dimensional marks
A three-dimensional trademark is a trademark that is made up of three-dimensional shapes. Containers for products, character-shaped 3D signs, etc. are registered.
For example,
- Registration No. 4153602
- Registration No. 4156315
Combined marks
Combined trademarks are trademarks that combine two or more elements, such as letters and characters with different meanings, words and figures, figures and symbols, letters, figures, and three-dimensional elements.
New Types of Trademarks
As of April 2015, the following five types of trademarks can be registered in Japan in addition to the five traditional types listed above.
Color per se marks
A trademark consisting “only of colors,” such as a single color or a combination of several colors.
If the trademark includes letters, figures, or symbols, it does not qualify as a “trademark consisting solely of colors.
For example,
- Registration No. 5933289
- Registration No. 6534071
Sound marks
These are trademarks that are recognized by the “auditory sense,” such as music, voice, and natural sounds.
When filing an application, submit sheet music or sound data.
For example,
- Registration No. 5804299
- Registration No. 5805582
Motion marks
This is a trademark in which words, graphics, characters, etc. change over time.
This applies to moving logos such as those used in TV commercials.
For example,
- Registration No. 5804316
- Registration No. 5860064
Hologram marks
This is a trademark in which words, figures, etc. are changed by holography or other methods.
A trademark that appears in several different ways depending on the angle from which it is viewed is registered as a single trademark.
Examples of applications and registrations show that many of them are found on credit cards, gift certificates, etc.
For example,
- Registration No. 5908592
Position Trademarks
A trademark that specifies the position of a word or graphic mark when it is attached to a product or other item.
For example,
- Registration No. 5807881
- Registration No. 5893970
Registration Systems
Normal Trademark Registration System
An individual, company, or organization decides which goods and services it will use (or intends to use) its trademark for and registers it.
Once a trademark is registered, the right holder obtains the exclusive right to use the trademark for the designated goods and services.
Collective Trademark Registration System
This system allows organizations whose members are business entities to register trademarks for use by their members.
In the normal trademark registration process, if the right holder or licensee does not use the trademark, the registration may be canceled by a third party. However, if the trademark is registered under the collective trademark registration system, the registration can be maintained even if the right holder himself does not use the trademark.
For example,
- Registration No. 5341974
Regional Collective Trademark Registration System
This system was established to allow the earlier registration of character trademarks consisting of a combination of a regional name and a product (service) name in order to revitalize the regional economy through the protection of regional brands.
Word marks consisting of “the name of the region + the name of the goods (service)” are not eligible for registration unless they are highly known throughout Japan.
This is because such a trademark is inherently considered to have no distinctiveness.
Under the normal trademark registration system in Japan, the finding of “highly known throughout Japan” is very strict. It must be proven that the trademark has been in use in Japan for many years and has been seen by many consumers throughout Japan.
Therefore, trademark registration has been an extremely high hurdle for organizations and others who wish to sell agricultural products with names such as “local specialties”.
However, this system allows the registration of a word mark for “the name of the region + the name of the goods (service)” under conditions easier than those of the ordinary trademark registration system concerning name recognition.
Conditions for the registration system for Regional Collective Trademarks
- The application must be filed by a community-based organization.
- The trademark must be used by the members of the organization.
- There must be a connection between the name of the region and the goods (or the services).
- The trademark must be well-known among consumers in Japan.
The fourth is particularly important, and objective facts such as the sales volume of the goods or newspaper articles in which the goods are mentioned are required to prove this.
Even so, it is recognized as “well-known in Japan” with a lower degree of recognition than proving “highly known throughout Japan” as an ordinary trademark.
Reference: JPO HP Regional Collective Trademark System
Examples of Regional Collective Trademarks
- Registration No. 5073378 “PROSCIUTTO DI PARMA” (Italy)
- Registration No. 5450000 “鎮江香醋” (China)
- Registration No. 6164182 “CEYLON TEA” (Sri Lanka)
etc.
You can find out what other trademarks have been registered as a Regional Collective Trademark by visiting the J-Plat Pat.
Defensive Mark Registration System
A well-known registered trademark can be registered as a defensive mark.
Defensive mark registration allows you to stop a third party from using a trademark on goods or services that are dissimilar to the goods or services for which the trademark was originally registered, as long as the trademarks are identical.
If a trademark identical to a registered trademark is used, consumers may be misled into believing that the goods or services are related to the registered trademark owner.
If the trademark is widely recognized by the public as indicating the goods or services of a particular trademark holder, even if it is used for goods or services that are dissimilar to those of the registered trademark.
Therefore, this system attempts to clarify in advance the extent to which misunderstandings (i.e., confusion of origin) may occur.
Summary
There are two types of trademarks: traditional trademarks and new types of trademarks, each of which includes the following
- Traditional Trademarks
- Word marks
- Figurative marks
- Symbolic marks
- Three-dimensional marks
- Combined marks
- New types of trademarks
- Color per se marks
- Sound marks
- Motion marks
- Hologram mark
- Position marks
In addition to the usual registration systems, there are also the following
- Collective Trademark Registration System
- Regional Collective Trademark Registration System
- Defensive Mark Registration System
Ummm … there are so many types, I don’t know what to register!
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