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Introduction
Food is a product that is very familiar to our daily lives. Every day, we purchase food at supermarkets and convenience stores, eat at restaurants, and purchase magazines and books to obtain information about food.
From the perspective of trademark registration, in the 10 years from 2003 to 2012, out of 45 food categories, category 30 (coffee, seasonings, confectionery, etc.) ranked second; Class 29 (animal/agricultural foods, etc.) has the 8th largest number of trademarks, and you can see that there are a large number of food-related trademarks registered.
In general, "food" refers to products eaten by humans, and products eaten by animals are called "feed." "Food" includes foods made from vegetables and fruits (processed foods), and "food and beverages" generally includes various beverages.
There are various industries involved, mainly food products, such as producers, processors, delivery companies, wholesalers and retailers, and when using trademarks for these businesses, it is necessary to register trademarks in each business field. It will be required.
We have created this page in order to provide everyone in the food industry with useful information on registering trademarks.
About “processed foods”
When registering a name used for "food" as a trademark, it is first necessary to consider registration from Class 29 to Class 33. It is not possible to specify a vague product such as "food"; it is necessary to specify a specific food name. Specifically, various products are classified into various categories as shown below.
- ●Ham, bacon → Class 29
- ●Sushi, Takoyaki → Class 30
- ●Seaweed, corn → Class 31
- *Processed foods are classified in Category 29, and unprocessed foods are mainly classified in Category 31.
<Before processing>
- ●Fruit → Class 31
- ●Vegetables → Class 31
- ●Edible seafood (limited to live seafood) → Class 31
<After processing>
- ●Processed fruit, frozen fruit → Class 29
- ●Processed vegetables → Class 29
- ●Edible seafood (excluding live seafood) → Class 29
About sweets and seasonings
Foods such as sweets, bread, and cakes belong to Class 30, and are presumed to be similar products.
Seasonings will also be registered under Class 30. "Sugar", "salt", "vinegar", "soy sauce", "miso", etc., which correspond to "sa・shi・su・se・so", are also included in class 30, but vinegar and soy sauce are similar Other sugar, salt, and miso are estimated to be dissimilar products.
In Japan, ``Mirin'' is sold as a seasoning, but it is not classified as Class 30, but is classified as Class 33, the same as alcoholic beverages.
About “coffee” and “coffee beans”
Category 30 includes products called "coffee" and products called "coffee beans."
"Coffee" includes coffee beverages as well as "roasted coffee beans." Coffee beans that are generally consumed at home are "roasted coffee beans" and are therefore included in the concept of "coffee" as a product.
So, what are "coffee beans"? They are "coffee beans" before they are roasted, and generally they are "coffee beans" themselves before they turn black, that is, before they are roasted.
In this way, it is presumed that the products "coffee" and "coffee beans" are not similar products, so care must be taken not to confuse the designations.
About restaurants and collaboration products
There are various types of food and beverage businesses, such as restaurants, sushi restaurants, yakiniku restaurants, and ramen restaurants.
In addition, delivery services such as pizza delivery and sushi delivery are also classified under Category 43, just like services in the restaurant industry.
In recent years, products have often been designed in collaboration with famous Italian restaurants and ramen shops, and convenience stores are now selling ``pasta served at...'' and cup ramen that ``realizes the taste of...''. It is being done.
Services in the food and beverage industry themselves are classified in Class 43, but "pasta" and "cup ramen" are products that belong to Class 30, so the trademark of an Italian restaurant or ramen shop is attached to the above products for sale, etc. Please note that trademark registration in Class 30 is required.
About wholesalers/retailers
Due to the 2006 revision of the law, it is now possible to protect trademarks used by wholesalers and retailers. For example, the use of trademarks on supermarket store signs, shopping carts, employee uniforms, and name tags can be protected under Category 35 Retail Services.
In addition, in recent years, many products independently developed by wholesalers and retailers, such as PB (private brand), are appearing in stores. PB products are sold with unique trademarks attached to each product, so they are not protected only by category 35 retail services, but trademark registration is required for each category of products handled by PB.
”HARAKENZO more " supports everyone in the food industry
The food industry is an industry that is very close to our daily lives, and because there are so many registered trademarks, it can be said to be an industry that is prone to disputes.
”HARAKENZO more " However, we would like to help everyone in the food industry protect their intellectual property, so please feel free to contact us.