Trademark Registration in the context of Pretty Cure. What is the important thing that the Pretty Cure trademark protects? In your business scope 2023年1月24日 2023年6月21日 Amazing DX Support Team You know what the next Pretty Cure title will be when you see the trademark, right? As a general rule, trademarks that have been applied for are made public, so every time a trademark that is supposed to be the next one of Pretty Cure series is made public, it becomes a hot topic. By taking a closer look at the information that has been made public, you may be able to better understand the high value of the Pretty Cure brand. Trademark Registration studying by using Pretty Cure as example As you know, “Pretty Cure” is a popular anime series that airs every Sunday morning at 8:30 in Japan on the TV Asahi network. Although the title of the series is always new every year and the characters change, the setting is the same: girls (with some exceptions) transform into “Pretty Cure” and fight against enemies that threaten the peace of the world. Toei Animation Corporation, which produces Pretty Cure, files a trademark application for the title’s logo (and in some cases, the letters) before announcing the next year’s title. Therefore, although it is not certain, the title of the next work can be guessed by looking at the published information in the trademark application. However, the information in the trademark application contains a variety of information, not just the logo of title. Using the trademark of the title of the Pretty Cure series as an example, this section explains what can be learned from the trademark information and how trademark registration works. First, search for a Pretty Cure trademark! First, let’s find out what Pretty Cure-related trademarks have been registered. You can use the following databases to search for registered trademarks. Websites where you can search for trademarks ・J-Plat-PatJ-Plat-Pat Top Page J-Plat-Pat is a website for searching trademark information published by the Japan Patent Office and operated by the Industrial Property Information and Training Institute (commonly known as INPIT), an independent administrative agency under the jurisdiction of the Ministry of Economy, Trade and Industry. It is free to conduct a detailed trademark search, but some specialized knowledge is required, such as classification and similar group codes. The search results are displayed in a list, but you will need to make your own judgment as to whether the trademarks are similar or not. ・AmazingDX, an online trademark application serviceAmazingDX Trademark Search PageThis is a site that allows you to search for trademarks with simple operations, even if you do not have technical knowledge. In addition to the search, if you want to apply for a trademark, the results are displayed in an easy-to-understand manner, such as ○△×, etc. as to whether a trademark can be registered or not. There is no cost for searches. If there are no problems with the search results, you can request a trademark application online. Searching for Pretty Cure trademarks The following trademarks were found in the search. Looking at the application dates, the applications are usually filed around October every year. Why is it necessary to file a trademark application before the official announcement? Every year, the title of the next Pretty Cure series is officially announced around November. The new series begins airing in February. Why are trademark applications filed earlier than that, around October each year? Because the Trademark system in Japan is first-come basis. First of all, it is because the trademark system requires applications to be filed as early as possible. In the trademark system in Japan, the first to file wins. In principle, only the first applicant to file an application for the same trademark can obtain the right to hold and use it. Therefore, it is better to file an application for any trademark, not only for a program title, as soon as possible. We assume that the trademark for the Pretty Cure title is also filed as soon as the title and logo are officially decided. Because the title needs to be communicated to outside manufacturers in advance. Next, there is also a situation unique to the industry. In the case of a children’s TV series such as Pretty Cure, a wide range of character products such as toys, stationery, bags, etc. are usually developed. It is also common to see toys and other products already on store shelves when a new series begins airing. In this case, information about the title, logo, and characters should be communicated to the manufacturers of each product long before the official announcement of the title. Although it is assumed that there is a confidentiality agreement with each manufacturer, there is no guarantee where the information will be leaked from. If the title were to be passed on to someone with malicious intent, there is a possibility that a trademark application would be filed first. Therefore, it is necessary to file a trademark application before information is passed on to outside parties such as toy makers, etc. The timing for these circumstances can be considered to be around October of each year. Over a million yen! How much does it cost to file and register a Pretty Cure trademark? Now, let’s look at the details of the registered Pretty Cure trademark again. In addition to the trademark logo, there is also a list of designated goods and services. In trademark registration, the trademark and the designated goods or services are registered as a set. The designated goods or services are the products or services for which the trademark is used, and they are divided into 45 categories. The Pretty Cure trademark has been applied for and registered in as many as 23 categories. The more classifications there are, the wider the range of fields in which the trademark can be used, but the cost of the stamp fee to be paid to the Patent Office alone can be substantial. Specifically, the following formula is used to calculate the stamp fee for a 23-division trademark: approximately 200,000 yen at the time of application and approximately 750,000 yen at the time of registration. Formula for stamp fee at the time of application ⇒ 3,400 yen + (number of divisions x 8,600 yen) Formula for stamp fee at the time of registration ⇒ number of classes x 32,900 yen JPO Homepage: List of Fees Related to Industrial Property Rights Furthermore, in addition to the stamp fee to be paid to the JPO, a trademark application usually involves a fee to be paid to the patent attorney who represents the applicant in the process. Then, the cost of registering a Pretty Cure trademark is considered to be in excess of 1,000,000 yen. Conversely, it can be assumed that the Pretty Cure trademark is worth more than that. What specific classifications are registered? As mentioned above, the Pretty Cure trademark has been registered in as many as 23 categories, but in what specific fields has it been registered? And are there actually any products or services in those fields? Below is a list of some of the fields in which applications for the Pretty Cure trademark have actually been filed. Category 3 Cosmetics, toothpaste, etc. Lifestyle Bandai Medicated Toothpaste Gel Delicious Party Pretty Cure sales page I found it right away, Pretty Cure toothpaste. It contains fluoride and is said to be strawberry flavored, which is popular among children. Class 5 medicines, hygiene masks, etc. Bandai official website Non-woven Mask Delicious Party Pretty Cure sales page Masks have now become an indispensable item in daily life, and the classification to which they belong is also firmly entitled. Class 25 Clothing, footwear, etc. Short-sleeved T-shirts with arm covers [Girls’ children’s clothing T-shirts and sweatshirts printed with pictures of characters have long been a standard item. Nowadays, there are also one-piece dresses that imitate post-transformation costumes. Category 28 Toys, dolls, etc. Pretty Cure Toy Web This is the most important category for the Pretty Cure trademark, so naturally it has been applied for and registered. Class 41: Planning or operation of exhibitions of movies, performances, plays, or musical performances, etc. Delicious Party Pretty Cure Dream Stage ♪ In the field of “Pretty Cure Shows,” which should not be forgotten, applications and registrations were also filed and registered. And many more. The above are just a few of the categories, but other categories such as stationery in Category 16 and soft drinks in Category 32 have also been applied for and registered. It seems that they are applying for and registering Pretty Cure trademarks in a wide range of fields so that children will not be forced to buy counterfeit products. Summary of Trademark Registration as Considered by Pretty Cure We have looked at detailed information about the Pretty Cure trademark and the trademark registration system using the Pretty Cure trademark as an example. Below is a brief recap. Trademarks can be searched for free Trademarks can be searched for free at the following websites. Of course, many Pretty Cure trademarks, including the titles of successive series, have been applied for and registered. ・J-Plat-PatJ-Plat-Pat Top Page ・AmazingDX” online trademark application serviceAmazingDX Trademark Search Page The sooner you apply for a trademark, the better! Apply for a trademark as soon as possible. In principle, a trademark belongs to the first applicant to file an application. This system is thought to be the reason why the Pretty Cure trademark is applied for before the title is officially announced. Trademarks are registered as a set of a mark and designated goods or services. A trademark must be applied for and registered together with not only the mark but also a representation of the product or service for which the trademark is used. In the case of the Pretty Cure trademark, since the trademark is used for a wide range of products other than toys, a very large number of designated products and services are registered. In addition, filing and registering a trademark application involves the cost of stamps to be collected from the Japan Patent Office and a fee to be paid to a patent attorney. In the case of the Pretty Cure trademark, it is estimated to have cost more than 1 million yen. Since Pretty Cure trademarks are applied for and registered in a wide range of fields, children can enjoy official goods with peace of mind. この記事の監修者: HARAKENZO WORLD PATENT & TRADEMARK Osaka Legal Strategy Department General Manager Akinori HACHIYA Specialist, attorney, Specially Qualified Attorney For Infringement Litigation, Supervisor