How to Trademark a Comic (Manga) Title or Character in Japan!

“My manga got a buzz and I want to register it as a trademark!”

I drew a promotional comic for our product and serialized it on Twitter, and it got a surprising amount of buzz.
I’m afraid of spoofing or other derivative works that might damage our image, but I wonder if there is any way to protect them with trademark rights?

If it’s a comic title or character, you may be able to register it.
However, you need to think carefully about whether it is appropriate to register it as a trademark.

This article explains whether or not you should and can get a trademark registration for a comic book title or character.

Can the title, characters, motifs, etc. of a comic be registered as a trademark?

Can’t I just use copyright protection?

Since a comic is a creative work, the specific panels, illustrations and lines of the comic itself are in principle protected by copyright.
Since a comic is copyrighted as soon as it is created, there is no need to apply for registration if you intend to protect it only by copyright.

However, the title and character names of a comic cannot be protected by copyright because they are often not copyrighted works.
Also, with regard to character illustrations, if a third party’s illustration “happens to resemble” yours, you cannot enforce your rights.

To what extent should a trademark be registered?

It would be impractical from a cost-effective standpoint to trademark every character that appears in a comic book.

Even if commercial use is anticipated, if the cost of registering a trademark outweighs the benefits, then not registering the trademark is an option.

For example,

• The period of use is very short
• The economic impact is small.
• The likelihood of registration is low.

However, as a comicist, you may not want your character’s name to be used by others without your permission, so you may want to try to register your name as a trademark.
Therefore, even if the cost is not worth it, it may be a good idea to try filing a trademark application.

Effective items to register a trademark

It is effective to register a trademark for the following items.

• The title of the manga to be sold as a comic book.
• Titles of the comic to be sold as a comic book, especially those to be developed into a media mix for animation and video games.
• Names of characters when selling character goods
• Character illustrations (e.g., company mascot) that will also appear on items related to the business (packaging, invoices)

What you can’t do with a trademark registration

Since the trademark owner has the exclusive right to use the trademark, he/she can demand an injunction against the use of the trademark in the course of business.
On the other hand, the right cannot be exercised against a third party who is not using the trademark in the course of business, but is using the title or character for personal use.
If you can go that far, it would be “going too far”.

Points to keep in mind when registering a trademark for something that appears in a comic book.

Apply for a “mark” for your business.

In order for a trademark to be registered, it is necessary to be able to tell whose goods or services the mark is for. (This is called “distinctiveness.”)
Therefore, a title that merely indicates the contents of the comic or the comic page itself would be difficult to register.
Also, the “personality” or “setting” of a character is not suitable for trademark registration.

Titles of manga that have become somewhat famous and images of characters displayed on product packaging are relatively suitable for trademark registration.

Even if your work is so-called non-commercially published, if it is an original work and there is a financial loss if others use the title or characters, it is advisable to register a trademark for it.
You may consider acquiring a trademark after comparing the cost of trademark registration with the cost of trademark registration.
However, it is of course prohibited to register a trademark without permission in the case of derivative works (see below).

Since distinctiveness may be recognized as a result of use, it is a good idea to gather evidence that you are using the applied-for trademark.

You may not register your trademark on someone else’s comic without permission!

Of course, you should not intentionally file an application for the character, title, logo, etc. of another person’s comic that is completely unrelated to your own without permission.
Even if your application is registered, it may lead to trouble.

Also, be careful when , for example, a game company that has received permission from a publisher to adapt a comic to a video game files a trademark application.
It would be fine if the author’s permission to file a trademark application was also obtained along with the right to adapt the comic into a game.
If not, you may receive a notice of reasons for refusal such as Article 4(1)xv of the Trademark Law.

Think carefully about the scope of designated goods and services

If you try to obtain a trademark right considering making and selling character goods in all fields, it will cost you a lot of money due to the number of classifications.

• Is the comic itself the main subject?
• Is the comic itself the main subject of the trademark application?

Depending on this, decide the scope of the designated goods or services for which you want to file an application.

If you initially developed only the manga, but it became so popular that you decided to sell goods or develop a game, it is common to file an additional application for the scope of the manga.
In some cases, protection by copyright is sufficient for temporary collaborations, but for ongoing sales, it is advisable to consider trademark registration.

Examples of trademark registration for comics

Here are some examples of trademarks that have been registered for comics.
(To see which classifications are in which product areas, the Classification Listing Page is useful. Generally, when protecting the manga itself, it is class 16 or 9.)

“Princess Knight”

The “Princess Knight” is also used to promote Takarazuka City, which has ties to the author, Osamu Tezuka.
The trademark “リボンの騎士” is also maintained in a wide range of fields registered in the Showa era.

…… etc.

What’s with all the trademark numbers?

Until 1997, only one class could be designated per application.
As time went by, the classification of designated products changed, and some registrations became multi-classified.
The number of registered trademarks shows the broad scope of the rights.

“Yu-Gi-Oh!

Yu-Gi-Oh!” is also famous as a sales promotion manga for the card games that appear in the series.
Let’s take a look at the registration status of the trademark “遊戯王”.

…… etc.

At the stage of the first application, the class 28 including “trading card games” was designated.
The number of designated products was increased around 1998. Is it due to the influence of the animated cartoon series, or the introduction of multi-class application mentioned above?

“Chiikawa”

This is a manga that became famous not through commercial publication but through Twitter.
The title “ちいかわ” and character images are applied for without using the name of the publisher or other organization.

Character images have also been applied for (Registration No. 6648272)

Since there are many episodes related to “food” in the work, there have been active collaborations with food and restaurant businesses (e.g., cafes), and collaborations with credit cards have become a hot topic.
Those products and services were additionally applied.

To register a comic title or character as a trademark, be careful to what extent you use it commercially.

It is common practice to file an application for a trademark for a comic title or character, initially within the scope of the comic itself, and then add to that scope as the range of related products expands.
It is recommended that you carefully consider the extent of your use and file when appropriate.

The scope of goods and services to be designated changes depending on whether you only need to protect the comic itself, or whether you also need to protect what you are promoting using the comic.
Let’s consider the cost-effectiveness of the application carefully.

HARAKENZO WORLD PATENT & TRADEMARK, a patent attorney corporation, can provide not only trademark but also copyright consultation.
If you have any concerns about the rights to your manga, please contact us.