What symbols can be used for trademarks? Explanation of the symbols available for registration!

The trademark I want to apply for has a symbol in it, is this symbol allowed to be included in the trademark?
Are there any symbols that may or may not be used in a trademark?
It depends on the type in which the trademark application is filed.
For example, if you are applying for a word trademark using only standard characters, you need to use only the symbols designated as standard characters.

Are there symbols that can and cannot be used in trademarks?

In a separate article, we introduced the word trademark and “standard character” system and the characters that are designated as “standard characters”.

“Words” included in character trademarks include not only hiragana, katakana, and kanji, but also very common symbols. (For example, “?” and other symbols)

So, can any symbol be used in a trademark as long as it is considered a “very common symbol”?

This article will explain the symbols that can be registered as trademarks.

Symbols that can be used for word trademarks

As we have indicated in another article, the term “word trademark” is basically used to mean “a trademark made up entirely of words”.

In addition, in relation to word trademarks, Japan has a “standard character” system. The “standard character” system refers to specific characters designated by the Commissioner of the Patent Office.
The standard characters are stipulated in Article 5.3 of the Trademark Law. In addition, all standard characters were revised and new standard characters were designated on September 23, 2016.

For more information, please visit the JPO website. A list of characters designated as standard characters is shown.

Reference:Japan Patent Office

Among the “new standard characters,” the following symbols are designated as standard characters.

If the above symbols are used in a trademark, there is no problem if the application is filed as a word trademark using standard characters.
In addition to symbols, one space is also designated as a standard character.

Please note the following points when using standard characters in your trademark.

What if I want to include a symbol in my trademark that is not designated as a standard character?

If you wish to include symbols not designated as standard characters in your trademark, you may file an application in the form of a “figure trademark” or “logo trademark” instead of a word trademark.標

A “figure trademark” is a trademark that consists only of pictures and graphics, and a “graphic trademark” is a trademark that consists only of pictures and graphics.
A “logo trademark” is “a trademark that combines letters with a picture or graphic, or a design added to letters.

If you choose either a figure trademark or a logo trademark as the mode of application, you are free to use the symbol of your choice in your trademark.

For example, the following trademark, which uses a standard format such as Mincho or Gothic and contains symbols not designated as standard characters, was filed as a logo trademark and later registered as a trademark.

(Example of registered trademark)

Registration No.: 6531625

Registration No.: 6435243

It is okay if the trademark you plan to apply for contains symbols that are not designated as standard characters. As shown in the registration example above, there is no problem if the application is filed as a logo trademark (or a figure trademark if the trademark consists only of graphic symbols).

So basically, we can trademark whatever symbols we want to use, but depending on the type of symbol, we need to choose between a text trademark or a graphic (logo) trademark? I understand.
In any case, I am relieved to hear that we are allowed to use any symbol we want. If the trademark we put on our products is one with a symbol, it would be good because it would make the trademark stand out.
However, the designated standard characters are not always the same. Therefore, please check whether the symbol you wish to use is designated as a standard character before applying for a trademark.

 The types of symbols designated as standard characters may be updated in the future. Therefore, if you wish to file an application using standard characters, you need to check each time you file an application whether the symbol you wish to use is designated as a standard character or not. Please check the JPO website for information on the types of standard characters designated.

We must be careful not to accidentally use symbols that were included in the standard characters before the change.
If you are unsure whether the symbol you want to use is still used as a standard character, it is a good idea to check with a trademark specialist to be sure.
Yes, if you are unfamiliar with the trademark application process, it is safer to consult an expert!

Summary

 

In this article, we have explained the symbols used in trademarks. If you have any questions about applying for a trademark that uses a symbol, please feel free to contact us.
For example, if you use our Amazing DX® service, you can consult with us through the chat function on our website. Please feel free to use this service at any time.

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