Can product packaging also be registered as a trademark?

I’ve decided on a package design for a new product I’m about to launch! By the way, I wonder if the package design can be registered as a trademark…? It seems that the name of the product can be registered as a trademark.

Package designs can also be registered as trademarks. Since package designs are easily imitated, we recommend that you obtain rights to them.

This article discusses the filing of trademark package designs.

Package design that should be registered as a trademark

The most common product trademarks are the company’s logo and the name of the product or service.

Other trademarks can also be obtained for the product package itself, for example.

（Trademark Registration No.4451001）

If you are considering filing an application, we recommend that you file a design for a package that you plan to use for a long time to come.
By using the same package design for many years, you will build up customer trust in your product over time, and this will help establish your brand.

We also recommend that you file a trademark application for a package design that appears on seasonal or regional products, if the design is used year after year.

What does it mean to register a product package design as a trademark?

Suppose that only the company’s own product name is registered as a trademark, and the package design of another company’s product is similar to the package design of the company’s product.
In this case, if the product names are dissimilar, you may not be able to enforce your rights against the similar package design of the other company.

On the other hand, trademark rights for package design have the advantage that they can be exercised when the product name is different but the appearance is similar.
For this reason, we recommend that you file a trademark application not only for the product name and logo, but also for the package design itself.

The following are reasons why trademark registration is recommended

Package designs can be protected not only by the Trademark Law, but also, for example, by the Unfair Competition Prevention Law.
On the other hand, the Trademark Law is easier to enforce than the Unfair Competition Prevention Law, so it is advantageous to register as a trademark.

If you want to fight on the basis of the Unfair Competition Prevention Law, your product package must be well-known to some extent.

Trademark law, on the other hand, eliminates trademarks that are deemed similar in terms of appearance, name, and concept, regardless of whether or not the company’s trademark is well-known to some extent.
For this reason, we recommend that you obtain trademark rights.

I see. I guess I should apply for a trademark on a package design that will actually be sold for a long time.

Package designs are easily imitated. If your trademark is acquired by another company, your trademark may be judged to be similar to their package design.

I don’t want my company’s use of a trademark that we created to be considered an infringement on another company. To avoid imitation, do not post information about the design package on your company’s website until it is registered. And I will consult with a patent attorney’s office about filing an application as soon as possible!

Package designs are easily imitated. We suggest filing a trademark application as soon as possible!

Package designs are easily imitated by others. There have also been cases where the package design of a company’s product has been used without permission in a foreign country.
If you are considering applying for a trademark in a foreign country, we recommend that you file a trademark application not only in Japan, but also in the country where the package design will be used.

Amazing DX can file trademark applications for package designs in addition to text trademarks.
Please send us your package design via chat.

Our patent attorneys and staff with extensive experience in trademark prosecution will review your package design and assist you in the application process!

We can also conduct research to determine if similar package designs have been applied for (at an additional cost to the Amazing DX fee).
Please feel free to contact us if you would like us to conduct a survey.