What are the cases in which the Ⓡ mark can be attached to a trademark in Japan?

The “Ⓡ” mark is often attached to well-known product names…
Okay! It’s going to look like that, so I’ll attach the Ⓡ mark to my brand name too!
Wait a minute!
Do you know that there are cases where you are not allowed to attach that mark?
In some cases, there are penalties for attaching it without permission…
What does that mean!?
I thought I was allowed to attach it without permission…
That was a close call.
Below is an explanation of when the Ⓡ mark can be attached.
Please check if your brand name is applied to this.
目次 Index
  1. What is the Ⓡ mark?
    1. 【Reference】Example of use of the Ⓡ mark
  2. About “Indication of trademark registration”
  3. Regarding cases when the Ⓡ mark can be attached to a trademark
  4. About marks that can be attached even if the trademark is not registered yet
    1. When the Ⓡ mark, etc. can be attached

What is the Ⓡ mark?

The Ⓡ mark is an indication that means “Registered Trademark”.
It was originally used in the trademark system outside Japan and is now commonly used in Japan.

There are no specific regulations on how to use the Ⓡ mark in Japan, but it is mainly used by attaching it to a small corner of a registered trademark (brand name, logo, etc.).

【Reference】Example of use of the Ⓡ mark

Amazing DX®

Under the Japanese Trademark Act, it is recommended that you attach an indication “登録商標第〇〇〇〇〇〇〇号” which consists of a combination of the words “登録商標” (Japanese characters) and the registration number in Japan or the number of the international registration to a registered trademark.
cf) Article 73 of the Trademark Act and Article 17 of Enforcement Regulations of the Trademark Act.

About “Indication of trademark registration”

The above indication, “登録商標第〇〇〇〇〇〇〇号” is called “Indication of trademark registration”. “Indication of trademark registration” is an indication that the trademark to which it refers has been registered.
Therefore, if you attach this indication to a brand name that is not registered as a trademark in Japan, it constitutes a misrepresentation and may be punishable by imprisonment or a fine.
cf) Articles 74, 80, and 82 of the Trademark Act.

In addition, even if the trademark is registered, the use of the registered trademark for goods or services other than those designated and attaching “Indication of trademark registration” to the trademark may result in the same penalties.

Regarding cases when the Ⓡ mark can be attached to a trademark

There is no direct mention of the Ⓡ mark in the Japanese Trademark Act. However, the Ⓡ mark is considered to be an indication that is confused with “Indication of trademark registration”.
In other words, also the Ⓡ mark can only be attached to a trademark that has been registered.

Therefore, the Ⓡ mark cannot be attached to a trademark that has been filed but not yet registered or a trademark that has not been filed in the first place.

I see, the Ⓡ mark can only be attached to a brand name that has been registered as a trademark.
My brand name can’t be attached Ⓡ mark because I never filed a trademark in the first place…

About marks that can be attached even if the trademark is not registered yet

The TM mark is an indication that simply means “Trademark”.

Unlike the Ⓡ mark, the TM mark does not refer to a “registered trademark. Therefore, it can be attached to trademarks that have been filed but not yet registered, or to trademarks that have not been filed in the first place, without any problems.

TM mark can be attached to my brand name which isn’t registered as a trademark!
Good, now my brand name will look like that…
These markings make it known that the brand name is “someone else’s trademark” just by attaching them. This will also reduce the risk of your brand name becoming a target of plagiarism.
However, if you do not register your trademark, it will be difficult to stop people from using your brand name when they steal it.
Okay, so I should file a trademark application for my brand name too.
But, it seems difficult…
Don’t worry, Amazing DX makes it easy to file a trademark application for your brand name.
Please take a look at the following page for more information!
Ok, I’ll take a look!
Thanks! DX-kun!

For more information about Amazing DX, click here.
(jump to another page)

When the Ⓡ mark, etc. can be attached

Indication to be attachedUnregistered trademarkRegistered trademark
(other than designated goods or services)
Registered trademark
(Designated goods and services)
“登録商標第〇〇号”
Ⓡ Mark
××
TM mark

〇…can be attached to a product ×…cannot be attached

supervisor
Supervisor for the article:
HARAKENZO WORLD PATENT & TRADEMARK
大阪法務戦略部長 八谷 晃典
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