Trademark Registration Recommendations. Three reasons why you should register your logo as a trademark.

My company has focused on women’s apparel, but we are planning to launch a men’s line around next fall. My boss has asked me to prepare some logo mark ideas for the men’s line, and I am considering them… What exactly is a logo mark?

What is a logo?

What exactly are “logos” and “logo marks” that we often hear about? And how do they differ from trademarks? Firstly, let us briefly explain what a logo is.

目次 Index
    1. What is a logo?
  1. Types of Logos and Logo Marks
  2. Logo Effects
    1. Is there a need to register a trademark?
  3. Three Reasons (Benefits) Why You Should Register a Trademark
  4. When you do not have to register your trademark
  5. What is a logo mark that cannot be registered?
    1. Recommended for the following
  6. One-stop service by a large firm
  7. Copyright issues clear!
  8. We offer brand strategy

Types of Logos and Logo Marks

The terms “logo” and “logomark” are not mentioned in the law (Trademark Law). The terms “logo” and “logomark” are generally used to refer to logotype trademarks consisting only of designed letters, logotype trademarks combined with symbols (designs or illustrations), and trademarks consisting only of symbols, while logos and logomarks are often used to refer to logotype trademarks combined with symbols (designs and illustrations), and often refers to a trademark consisting only of symbols. Therefore, when requesting a trademark application to a patent attorney, it is advisable to provide us with the trademark data in advance as to what form of logotype you wish to apply for, so that we can avoid any discrepancy between the two.

Logo Effects

We consider the following to be the main effects of a logo
A logo mark can make an impression at a glance.

It can enhance the image of a company’s products and services
Can express a company’s corporate philosophy
It can increase recognition of the products/services and the company

I have a vague idea of what a logo mark is, but if a logo mark is a type of trademark, should we apply for a trademark and register it? We are not sure if we need to register the logo since we only use it for our own use and do not plan to license it.

It does not mean that you should acquire the rights because you plan to license use. If you are going to use the trademark in your business, you should register it. There are three main reasons why you should register your trademark. We will briefly discuss each of them and encourage you to consider applying for a trademark.

Is there a need to register a trademark?

What is the reason for registering a trademark? If there is no benefit to applying for a trademark because of the cost and expense involved, then there is no need for it, and some may wish to avoid it if possible. In this article, we will briefly explain the meaning and necessity of trademark registration.

Three Reasons (Benefits) Why You Should Register a Trademark

Reason 1: Enhanced Branding
Trademarks that attract customers are likely to be imitated by other companies. If a third party files an identical or similar trademark application and obtains a trademark registration first, you may no longer be able to use their logo. Just when you have gained the trust of consumers and your business is getting off the ground, you will have to use a new mark to gain their trust again. By registering your trademark, you will be able to use it exclusively, and you can make long-term branding plans with peace of mind.

Reason 2: Risk Avoidance
If you use a trademark without applying for and registering it, and an identical or similar trademark is registered first by another third party, the third party who has acquired the rights to that trademark may claim infringement and demand compensation for damages. Since being involved in a lawsuit can affect a company’s brand image, and dealing with lawsuits can be quite burdensome, we believe that reducing the risk of being involved in a lawsuit is one of the major advantages of this type of work.

Reason 3: Use as Intellectual Property Rights
Trademark registration enables the maximum effective use of a company’s brand power as an intellectual property right. While it is difficult to transfer a company’s brand power by itself, it can be transferred and licensed as a property right by making it a right through trademark registration. Trademark rights are semi-permanent and renewable. There is a difference between copyright and trademark rights, as copyright has a defined term of protection.

When you do not have to register your trademark

Trademark registration is expensive. In addition to the application fee, the JPO may issue a Notice of Reason for Refusal after the application is filed. Trademark registration is like an insurance policy, so there is no harm in filing an application and getting it registered, but you may also be concerned about whether you can recover the cost as a business.
Although there are no general criteria for when a trademark should not be registered, if the trademark will only be used for a very short period of time (one season), or if sales of the product or service for which the trademark is to be used are not expected to be significant, it is not cost-effective to register a trademark.
It is advisable to first check the actual period of use of the trademark and the sales forecast before deciding whether or not an application is necessary.

Okay, I’ll consider registering a trademark once I have a logo. By the way, can any logo be registered as a trademark?

No, not all logos can be registered. If a similar logo has already been applied for and registered, or if it lacks distinctiveness, it cannot be registered as a trademark.

What is a logo mark that cannot be registered?

For example, the following logos are not eligible for trademark registration under the system

A logo marks that indicate the common name of the goods or services in a common manner (Trademark Law Article 3(1)(i)).

A logo mark that is commonly used and accustomed to the goods or services among persons in the same trade (Trademark Law Article 3(1)(ii)).

Extremely simple and commonplace (Trademark Law Article 3(1)(v)).

A trademark that cannot be recognized by consumers as being the goods or services pertaining to the business of a person (Trademark Law Article 3(1)(vi)).

There is another person’s registered trademark that is identical or similar to the trademark used in connection with the designated goods or designated services or goods or services similar thereto (Trademark Law Article 4(1)(xi)).

Please note that these are just examples, and there are other cases where registration may not be granted.

Mhm, there’s no point in creating a trademark that can’t be registered.
The logo to be created for this project will be used for an important project that will be the company’s corporate mission, so I want to be particular about the design, but it will cost a lot of money to hire a design firm. I’m wondering if there is any good information on how to do it myself.

Then we have just the right service for you.
You can ask HARAKENZO WORLD PATENT & TRADEMARK to create your logo.
For more information

*If you are interested, please contact us for a free consultation (up to one hour). We will also be happy to arrange an interview upon request.

Recommended for the following

Those who want to keep costs down but are particular about the design.
Those who are concerned about the rights of the logo they have created.
Those who do not know how to manage their intellectual property rights after the logo is created.

One-stop service by a large firm

We provide one-stop service from logo creation to trademark registration. This allows us to reduce costs compared to creating a logo for a design company and requesting a search and application to a patent firm, and also allows us to proceed with the application process quickly and without time loss.

Copyright issues clear!

The copyright of a logo created by a designer belongs to the designer. This is true even if the logo is registered. Therefore, it is necessary to clear the copyright issue with the designer in order to use the completed logo for your business with peace of mind. We will transfer the copyright of the logo created by HARAKENZO to the client and provide a written agreement that we will not exercise any moral rights that cannot be transferred.

We offer brand strategy

As a leading patent and trademark law firm, we provide a full range of legal services. In addition to providing advice on how to use registered trademarks, we will take the necessary actions in the event of damage from counterfeiters, such as warning the other party and preparing for lawsuits. We can also manage the renewal of your trademark if you request us to do so.

I didn’t realize there were patent firms that you could hire to start with logo creation! I was planning to do a preliminary trademark search as well as filing an application, so I’m glad to know that they can handle it all together. I’ll give them a call and see what they can do for me.

*We also accept requests for logo creation only. If you prefer to file your own trademark application, you can use AmazingDX, a new trademark filing service offered by the firm. 

For more information

For your branding, a trademark application is very important.

Let’s sign up and search for the trademark which would be obtained safely.

Supervisor for the article:
大阪法務戦略部長 八谷 晃典
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