table of contents
Introduction
Nowadays, there are many restaurants in the city that serve a variety of cuisines. Additionally, each restaurant's service style varies from full-service restaurants to self-service, takeout, and delivery.
In any case, eating at a restaurant is not only a place for the indispensable activity of food in our modern lives, but also a place for auspicious occasions, funerals, welcome and farewell parties, and daily commemorations. It is a place to stage special occasions such as holidays, and it is also a great place to talk and deepen relationships with family, friends, and co-workers. It gives us fun and joy that is more than just nutritional intake.
It can be said that the success of the food and beverage industry is greatly influenced by economic trends. During economic downturns, people tend to cut down on household expenses by refraining from eating out and focusing on meals at home. On the other hand, when the economy improves, many people take advantage of various opportunities to eat at restaurants. will be used.
In recent years, the economy has been on a recovery trend due to economic policies such as Abenomics, and the food and beverage industry has been in a difficult situation and is now entering a period of development. Many of you may be taking this opportunity to think about further development of your business.
”HARAKENZO more " We would like to support everyone in the food and beverage industry who continues to undergo trial and error in order to make a leap forward, and we would like to assist your business in the field of intellectual property. This page introduces useful information, especially in the field of trademarks.
About “providing food and drinks”
Trademarks used for services that provide meals at restaurants must be registered as designated services under Class 43 "Provision of food and beverages."
This "provision of food and drink" does not matter what type of food or drink is provided. In other words, Japanese restaurants, Chinese restaurants, Western restaurants, and other ethnic restaurants all fall under Category 43, ``Providing food and beverages.''
Furthermore, this "provision of food and beverages" does not depend on the type of service provided. Even if you order at your seat and the food is delivered to your seat, like at a family restaurant or a regular izakaya, you can order at the counter and use the purchased food and drinks, like at hamburger shops and some cafes. This is considered ``providing food and beverages'' when the person brings the food to their table themselves, or even when the food is delivered to their home, as is the case with pizza and sushi.
Regarding the services of a restaurant that uses a trademark, if you want to clarify the types of food and drinks provided at the restaurant and the form of the service, you can use the trademark "Provision of food and drinks mainly consisting of ○○ cuisine" or Specify the designated services as "providing food and drinks at ○○ (restaurants, coffee shops, cafeterias, etc.)". Currently, in the database, more than 500 types of designated services can be confirmed as "provision of food and beverages."
The service of "providing food and drinks" at a restaurant is a designated service in the same category regardless of its content, but this website“For everyone in the food industry” pageAs introduced above, when selling food as a product, the classification of the designated product changes depending on the type of food.
For those in the food and beverage industry, this is a problem when you are selling your original products in front of the cash register at a restaurant. If you wish to use your restaurant's trademark on this original product, you will need to register it as a designated product that matches the characteristics of the product, in addition to Class 43 "Provision of food and beverages."
For example, if you make retort-pouched products such as curry or soup that you offer at your restaurant, "retort-pouched curry" and "retort-pouched soup" would fall under Class 29. In addition, dressings are classified under Class 30, and furikake and pickles are classified under Class 29.
In this way, when selling food as a product, it is necessary to register a trademark in a category and designated product different from "provision of food and drink," so please be careful.
About the franchise
The restaurant industry is probably familiar with franchise-type business development. Franchises grant/obtain exclusive sales rights within a certain area as well as the use of trade names and trademarks, so trademarks are extremely important for franchise-type businesses.
Operations and management of franchise businesses, provision of information regarding franchise businesses, etc. are classified under Category 35. However, these designated services are for consulting services for franchise businesses, and are not required by the franchise business itself.
The service provided by a franchised restaurant is, after all, the provision of food and beverages, so when using the parent business's trademark at a franchised restaurant, it is necessary to It is necessary to register the trademark under Class 43 as explained in "About the provision of food and beverages." In other words, whether or not a company operates a franchise is not a major issue when determining the designated services for a trademark.
For franchise businesses, the most important thing regarding trademarks is whether the trademark is registered. In Japan, trademark rights arise when a trademark is registered. Therefore, it is very difficult to claim rights to unregistered trademarks.
Franchise-type businesses use trademarks to show consumers that they provide the same quality of service as the parent business, so it is essential that the trademark rights are secure. . This ``certain trademark right'' does not only mean that the trademark has been successfully registered. The registration period for a trademark is 10 years (5 years if the registration fee is paid in installments), so it is extremely important to ensure that updates are properly managed after registration.
Trademark registration overseas
In 2013, Japanese food was registered as a world intangible heritage, and a Japanese food boom is occurring all over the world. Furthermore, in recent years, not only typical Japanese foods such as tempura and sushi, but also various cuisines and eating habits that have been developed in Japan, such as ramen and bento boxes, have been introduced and become popular around the world. There are many examples of popular stores in Japan expanding overseas.
In addition, people from many countries seem to appreciate not only Japanese food but also the detailed Japanese-style service provided at restaurants, such as the provision of towels and the service provided by staff. For Japanese restaurants, expanding overseas is a huge business opportunity.
When using a trademark overseas, it must be registered in each country where it will be used. Trademark laws are determined in each country, so you must follow the procedures and registration process according to each country's system.
For example, in Japan, the information required at the time of application is basically 1) the trademark, 2) the applicant's name and address, and 3) the designated product/class. You will be asked if you have one, are you using it in your home country, etc.). Also, in Japan, it is possible to specify multiple categories in one application, but some countries have a system of one category per application. If you wish to register in multiple categories in such countries, you must apply for each category separately.
On the other hand, in countries that are participating in the Madrid Protocol (commonly known as Madpro), based on trademark registration in Japan, you can apply to multiple countries with one application and receive registration in each country. .
When registering a trademark under the MadPro system, specify the country in which you wish to register and submit an application to the MadPro International Bureau through the Japanese Patent Office. After that, the International Bureau notifies the designated country of the application, and from there it is examined for registration according to each country's system.
Because this process is followed, if you use the MadoPro system, you can reduce the cost of filing an application. Additionally, when it comes to renewal, it is possible to renew registrations in multiple countries by simply completing procedures at the International Bureau, which is beneficial from a management perspective.
The main points to note when using the MadoPro system are: (1) designation is only possible in countries that participate in MadoPro; (2) protection in the designated country may be revoked due to invalidation/cancellation or refusal of registration in the home country; and (3) until registration. For example, it may take longer than applying directly.
Trademark systems vary widely depending on the country, and it is necessary to carefully consider the characteristics of trademarks, usage conditions, and business plans. If you are considering a trademark overseas,”HARAKENZO more " Please consult an international patent and trademark firm such as . As intellectual property professionals, we will help you register with the content that is most appropriate for your business under each country's system.
”HARAKENZO more " supports everyone in the food and beverage industry.
The food and beverage industry, which always looks for opportunities even in difficult times and gives us new fun and togetherness, will continue to develop both domestically and internationally.
”HARAKENZO more " We would like to help protect the intellectual property of everyone in the food and beverage industry, so please feel free to contact us.