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Protection of character designs through design rights
(1) How to protect a character design: Trademark, design, and copyright protection
There are many different kinds of character designs in the world, even if they are all referred to as character design. For example, there are character designs themselves, character goods such as key chains, mugs, and T-shirts with character designs, and three-dimensional objects such as character figures and mascot costumes.
Attractive and well-known characters have the ability to attract customers, and products with such characters printed on them stimulate consumer desire to purchase, so character designs are easily copied and there are many cases of them being used without permission.
So, what measures can be taken to prevent unauthorized use of characters? One possible measure is to protect the character through copyright, trademark rights, and design rights. If you obtain these rights, you can file an injunction or claim damages against those who use the character without permission.
So, which of these rights should you acquire? In fact, the type of rights you should acquire will depend on how you plan to use the character design. Below is a detailed summary of the rights.
(2) The image and three-dimensional shape of the character itself: If you wish to protect the copyright of a character you have created
We will consider copyright protection for any character works.
Copyright cannot protect the character itself, but if the character is depicted in an illustration, anime, manga, picture book, statue, etc., the specific image and three-dimensional shape may be protected as a work of authorship. There is no need to go through the Patent Office to obtain copyright. Copyright is created automatically at the time of creation, and it lasts for 70 years after the death of the creator.
However, for example, in the case of character goods with a character printed on the cover of a notebook, it is unlikely that such character goods will be recognized as copyrighted works, and it will be difficult to obtain copyright protection for such character goods.
Also, even if someone else creates a similar character, copyright infringement may not be recognized if it is an original creation, so copyright alone may not be enough to protect it.
(3) Products with character logos, etc.: Protection by trademark rights
If you wish to indicate that a product belongs to a specific company by attaching a character to it, you may be able to protect it through trademark rights.
The character's image can be protected as a logo mark trademark, and the character's name can be protected as a word trademark, both of which can be protected by trademark rights. In the case of a logo mark, one expression or pose is chosen from the various expressions and poses that the character has, and used as the design for the logo mark.

When applying for a trademark for a character, it is necessary to specify the goods and services for which the trademark will be used. The effect of a trademark right extends to the use by others of a trademark that is identical or similar to the registered trademark for goods and services that are identical or similar to the designated goods.
For example, if a T-shirt is designated as a designated good, the effect of the trademark right does not extend to a mug with the same design printed on it, so the manufacture and sale of that mug cannot be stopped. However, if a product similar to a T-shirt is a tank top, for example, it is possible to seek an injunction and damages based on the trademark right.
There is no novelty requirement for trademark registration, so even trademarks that are currently in use and are well-known can be applied for. Furthermore, trademark rights can last semi-permanently by repeatedly renewing them. However, if a registered character trademark is not used for a long period of time, the trademark right may be revoked.
Three-dimensional characters such as figurines can also be trademarked. For example, it is well known that KFC's Colonel Sanders doll and Fujiya's Peko-chan doll are trademarks. If you can obtain a trademark registration, you can obtain semi-permanent and strong rights to the three-dimensional shape of the character.
In addition, in the case of a trademark that consists only of a three-dimensional shape and does not contain any distinctive characters, the three-dimensional shape must be recognized as distinctive in order to be registered as a trademark. Three-dimensional shapes that do not go beyond the scope of the shape of a product or its packaging are deemed not distinctive and cannot be registered as a trademark.
(4) Character goods: protection by design rights
If you wish to exclusively manufacture and sell character goods, you may be able to protect your design rights.
When the shape of a specific product that uses a character is fixed, such as character goods, protection through design rights is effective.
Although a character or the image of a character itself cannot be protected by a design right, a design application can be filed in conjunction with an article (goods) that uses the character.

When filing a design application, you choose one expression or pose from the various expressions and poses that a character has, and then specify the item that the character will be used in. In this way, you can protect the character design for each item through design rights.
In addition, even if the character is the same, if the pose, etc. is different, the design may not be covered. Also, even if the character design is the same, if the item is different, the design may not be covered.
Character figures can be registered as "doll toys" and mascot costumes can be registered as "fancy dress stuffed animal costumes." Erasers in the shape of a character can be registered as "erasers." T-shirts and notebooks with character designs printed on them can be registered as "tee shirts" and "notebooks," respectively.

To be registered as a design, the design must be unknown (novelty) to the public. Therefore, a design application must be filed before the product is manufactured or sold. A design right lasts for 25 years from the date of application.
Our patent office is a large-scale international patent office that has earned the trust of many large companies and other clients and has filed many domestic and international design applications. Please feel free to contact us about design applications for character designs, as well as design applications, design searches, and procedural fees and costs. We have a large number of experienced patent attorneys specializing in designs to assist you.
In addition, our patent office website is constantly updated with various information. If you are looking for information on designs or laws, please visit our patent office website. We also have a wealth of information on patents, designs, trademarks, and foreign intellectual property. Please make use of it.
If you have any questions regarding design applications, please feel free to access our inquiry form.