Can a single kanji character be registered as a trademark? (Take Nintendo’s “草” trademark registration as an example)

I want to use one Kanji character as a product name, but can I register it as a trademark?
It’s not long and simple, so I somehow feel it can’t be registered…

There are cases where a simple word such as a single kanji character can be registered as a trademark.
Please see below for an explanation and check if your product name is applicable.

Words that can be registered as trademarks

The Japan Trademark Act has provisions regarding the words that can be registered as trademarks, specifically in Articles 3 and 4 of the Trademark Act.

Article 3 determines whether the word has distinctiveness, i.e., whether the word has the power to be recognized as being about someone else’s goods or services.

Article 4 provides for specific cases in which a trademark cannot be registered (e.g., “a word for which someone else has already filed a trademark application cannot be registered”).

When a simple word can be registered as a trademark

Article 3 of the above rules is the issue as to whether a simple word can be registered as a trademark or not.
Article 3 reads as follows.

Article 3 (1) Any trademark used in connection with goods or services pertaining to the business of an applicant may be registered, unless the trademark:
(i) consists solely of a mark indicating, in a common manner, the common name of the goods or services;
(ii) is customarily used in connection with goods or services;
(iii) consists solely of a mark indicating, in a common manner, in the case of goods, the place of origin, place of sale, quality, raw materials, efficacy, intended purpose, shape (including shape of packaging; the same applies in Article 26 paragraph (1), items (ii) and (iii)), the method or features including time of production or use, quantity, price, or, in the case of services, the location of provision, quality, articles to be used in the provision, efficacy, intended purpose, modes, method or features including time, quantity or price of provision;
(iv) consists solely of a mark indicating, in a common manner, a common surname name or name;
(v) consists solely of a very simple and common mark; or
(vi) is beyond those listed in each of the preceding items, a trademark by which consumers are not able to recognize the goods or services as those pertaining to a business of a particular person.
(2) Notwithstanding the preceding paragraph, a trademark that falls under any of items (iii) through (v) of the preceding paragraph may be registered if, as a result of the use of the trademark, consumers are able to recognize the goods or services as those pertaining to a business of a particular person.

The Japan Trademark Act stipulates in Article 3 that words falling under item (i) through (vi) of paragraph (1) have no distinctiveness and therefore cannot be registered as a trademark.

Take Nintendo’s “草” trademark as an example.

In this regard, let us examine the registrability of a trademark with a single kanji character, and take Nintendo’s “草” trademark as an example.

Regarding the word being “commonplace”

First, the question arises whether the word “草” cannot be registered because it seems to be a common word.
In this regard, the Japan Trademark Act takes the position that a word that is common “in the field of designated goods or services” cannot be registered as a trademark.
In its application for trademark registration of the word “草”, Nintendo designates the goods related to a game, so there is no problem in this respect unless the word “草” is commonly used in the “game-related field”.

Regarding the word being “simple”

Next, there is the question of whether a word as simple as a single kanji character can be registered.
In this regard, the JPO mentions this in its Trademark Examination Guidelines (a document that indicates the JPO’s guidelines for determining whether a filed trademark can be registered) as follows.

*Excerpt from “Trademark Examination Guidelines (15th Edition).

3 . Very simple and common mark
(1) Very simple and common marks include, for example, the following marks;
…
(b) Roman characters
(i) Trademarks composed of one or two Roman Characters;
(ii) Trademarks composed of two Roman characters combined with “-“
(iii) Trademarks to which one or two Roman characters accompanied by “Co.,” “Ltd.,” or “K.K.” are attached
However, this is limited to cases where “Co.,” “Ltd.” or “K.K.” is judged to respectively mean “Company,” “Limited” or “Kabushiki Kaisha.”
(c) Japanese kana characters
(i) Trademarks composed of single Japanese kana character (including modified obsolete katakana characters)
(ii) Trademarks composed of Japanese kana characters recognized to indicate the sound of a single Roman character
(iii) Trademarks composed of Japanese kana characters recognized to indicate the sound of two Roman characters which are commonly used as symbols or marks of goods or services

As mentioned above, there is a reference to one romaji or kana character as a common word, but no reference to a single kanji character.
This is considered because a single kanji character often has multiple readings and meanings, and it cannot be said that a single kanji character alone is “extremely simple”.

Therefore, even a word with only a single kanji character can be registered as a trademark as long as it is not a common word in the field of designated goods or services and meets the requirements of Article 4.

As a matter of fact, the above “草” trademark is currently registered (Trademark Registration No. 6262692).

If a word with a single kanji character is registered as a trademark, will it be prohibited to use that word in daily conversation?

If a word is registered as a trademark, a trademark right is formed for that word, and others may not use that word to a certain extent.
However, the scope of the right is limited to the extent of the use of a trademark identical with, or similar to the registered trademark in connection with the goods or services identical with, or similar to the designated goods or services of the registered trademark (see also this guide article on the trademark right).

In other words, even if a word is registered as a trademark, it does not matter if the word is used for goods or services that are not similar to the goods or services designated in the registered trademark (if the goods or services are not similar, a separate trademark application may be filed and trademark rights obtained).
Similarly, using the word for daily conversation is not a problem since in such situations, the word is not being used as a mark for a goods or service (see also this guide article on the use of the word registered as a trademark).

In this regard, there has been a lot of talk on the Internet for a while about Nintendo’s trademark application for “草”.
This is because the word “草” (reading: kusa) is commonly used in Japanese Internet slang to mean “laughing”, and there was concern that the word could no longer be used on the Internet.

However, as you can see from the above the scope of the trademark right, there is no problem at all in using the internet slang word “草” in daily conversation.
Also, in business, there is no problem in using the word “草” for goods that are not similar to the designated goods of the registered trademark “草”.

So even a single kanji character can be registered as a trademark if it is not common in the field of designated goods or services.
Okay, I’ll file a trademark application right away!