To protect your valuable brand (trademark). What are the advantages of trademark registration?

I have created a brand name that looks good, but should I register it as a trademark?
I did some research and found that it seems to cost a money, and if I can use it without registering it, why bother registering it as a trademark…

Yes, you can use a brand name without registering it as a trademark, but trademark registration has various advantages, as explained below.
If you want to actively use your brand name in your business, we strongly recommend that you register your brand name as a trademark.

What are the advantages of registering a trademark?

After you file an application for your trademark (product name, etc.), go through the examination process, and register it, you will have “trademark rights” in that trademark.
Unlike other intellectual property (IP) rights such as patent rights and copyrights, trademark rights are semi-permanent as long as you continue to pay renewal fees to the Japan Patent Office.

In addition, there are many advantages to trademark rights, which are explained point by point below.

[Advantage 1] Exclusive use of the trademark

The trademark right allows for the exclusive use of the trademark.
In addition, if another party uses the registered trademark without permission, you can stop the use of the trademark and claim compensation for damage.

Please note that there are limits to the extent of exclusive use of a trademark and the extent to which you can stop others from using your trademark (see the quick guide below).

• [Quick Guide] The extent of Trademark Use

*Exceptions are made for defensive trademark registration.

[Advantage 2] You can avoid the risk of your trademark being registered by others

Japanese trademark law is based on the first-to-file system, i.e., “the first to file wins”.
Therefore, even if you have used the brand name (e.g. “A”) before anyone else, if someone else has filed and registered the brand name A before you do, you will not be able to use the brand name A to the extent of the designated goods or services.
In this case, you will also not be able to file and register the identical or similar trademark to the extent of identical or similar goods or services.

On the other hand, by registering your trademark, you can avoid the risk of your trademark being registered by others.
Therefore, even if you are not actively exercising your rights to stop others from using your trademark, you should register your trademark if you want to use your trademark stably.

[Advantage 3] The risk of trademark theft can be reduced

A registered trademark by itself has the effects e.g. making it psychologically more difficult to be stolen for fear of claims of compensation for damages (as described in [Advantage 1]), etc.
For the above reasons, simply registering a trademark can have a certain effect on anti-counterfeiting, which is an important part of a brand strategy.

In addition, to prevent counterfeit goods by registering a trademark, it is also effective to attach a “Ⓡ” mark to the trademark.
For more information about the “Ⓡ” mark, click here.
*Jump to another guide article.

[Advantage 4] You can enter into a license agreement

Once a trademark is registered, it is also possible to enter into a license agreement for others to use the registered trademark.
This allows you to not only use the trademark yourself but also to use the trademark to expand your business and earn compensation.

Summary (Advantages of Trademark Registration)

As mentioned above, registering a trademark allows you to use your brand name exclusively and unencumbered by anyone.
It also makes it easier to stop others from stealing your trademark or entering into a license agreement.

If you do not register your trademark, the trust (value) in your brand that you have built up over the years can easily be destroyed by others registering or plagiarizing your trademark.
For these reasons, trademark registration is extremely important for a successful brand strategy.

So, there are many advantages to trademark registration.
But I heard that it costs a money, so I wonder how many disadvantages there are.

As you say, there are costs involved in registering a trademark, as well as the need to manage deadlines when renewing a trademark.
However, with Amazing DX, the cost of trademark registration can be greatly reduced, and Amazing DX will also manage the renewal deadlines.

I see!　Okay, I’ll think about filing a trademark application!
Thanks, DX-kun!

For more information about Amazing DX, click here.
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