Trademark registration, explained

Trademark registration, explained

ArticleNo. 02_0005

Contents of this article

              In this article, a patent attorney who is trademark professional explains the trademark registration in simple terms. If you are running a business, trademark registration will always be with you.  This article will provide you with the advantages of trademark registration, points of concern.

What is trademark registration?

              Trademark registration refers to the process of registering a mark (trademark) with the patent office which government runs. By registering a trademark, such as a name or logo that you use in your business, with the patent office, you will be granted a legal monopoly called "trademark rights", which will protect the business that uses the trademark. The following is examples of a registered trademark, such as characters in ordinary typefaces, symbols, logos consisting of symbols and characters, characters in special typefaces, and the like.

(1) Standard characters trademark

 

Japan trademark registration No. 4478963 Right holder: Google LLC

(2) Symbols trademark

Japan trademark registration No. 428654 Right holder: Bayerische Motoren Werk AG

(3) Logos trademark consisting of symbols and characters

Japan trademark registration No. 3136180 Right holder: Kentucky Fried Chicken International Holdings LLC

 

What is a "trademark"?

              A "trademark" is a landmark of goods and/or services linking to it.

              Consumer can recognize your goods and/or services and identify the difference between your goods and the like and others by the trademark.  In other words, it serves as a landmark to identify where the goods and/or services are produced (i.e., the source of them).

 

Why do you need to register your trademark with the Patent Office?

              The purpose of trademark registration is for the following reasons that: - (1) it is for protecting brand linking to your business, - (2) it is for protecting your present or future business, - (3) it is for making a request for an injunction to an imitator, and - (4) it is for avoiding receiving an injunction based on the third party's trademark rights.

 

(1) Protecting your brand linking to your business

              Trademarks are landmark identifying a company's goods and/or services, and they also serve as a system for consumers to remember and recall the brand of the company itself and its goods and/or services.  In other words, a trademark is for storing trust(brand), and by using a trademark registration with the Patent Office, you can legally prevent "free riding (imitation)" of your brand and "damage" of your brand image.

 

(2) Protecting your present or future business

              The second reason is to ensure the continuity of the business using the trademark.  In order for a business to continue, first of all, the business itself must be good enough to survive in the market, furthermore, the business will be always accompanied by your trademark. However, if someone else has registered a trademark which is similar to your trademark before you register it, you will not be able to use your trademark for your business due to the effect of trademark rights.  Also, since trademark registration system is a first-come-first-served system, in this case, you will not be able to register your trademark and will not be able to stop imitators business on your own. In this example case, there is a probability that it is difficult for you to continue your business by using your trademark. Thus, it is important to register your trademark properly in order to continue your business.

 

(3) Making a request for an injunction to an imitator

              When you register a trademark, you have exclusive trademark rights, and you can legally demand an injunction against people who are using the same or similar trademark without permission. If someone else uses a trademark that is confusingly similar to your registered trademark, it may diminish the recognition of your company (product) as the name of the trademark, or it may tarnish the image of your trademark by being used in an unintended manner. In addition, even if you do not file a request for an injunction yourself, the fact that your trademark has been registered will be made public, and it can be expected that other companies who fear infringement will voluntarily refrain from using confusing trademarks.

 

(4) Avoiding receiving an injunction based on the third party's trademark rights

              Registering a trademark not only prevents the third party from using a confusing trademark without your permission, but also prevents them from registering it, and then, you will avoid receiving an injunction based on the third party's trademark rights.

 

Brand Shogun

              Brand Shogun Services enables you to file your trademark application with Japan Patent Office (JPO) at minimum cost and to register it because omitting a similar trademark search service and personnel costs.  For example, you can file a lot of trademark applications at a reasonable price.  Furthermore, Brand Shogun has Japan patent attorneys who are familiar with Japan Patent Article and Prosecution against JPO.  Therefore, Brand Shogun is the most recommendable service of a trademark application and please consider that. If you have any questions, please feel free to contact us.

 

ArticleNo. 02_0005

 

 

Trackbacks and Pingbacks on this post

No trackbacks.

TrackBack URL