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In recent years, games have undergone a remarkable evolution. In the days of the Space Invaders game, many people would insert money into a machine and enjoy playing it at a coffee shop, but after the release of home game consoles such as the Family Computer, more children and adults began to enjoy playing games at home.
Since then, various game consoles have appeared, and with stationary game consoles such as the PlayStation and Wii, it has become possible to enjoy online games (playing with people from all over the world using a network).
In addition, games played on mobile phones (social games) are becoming more and more popular, and we now live in an age where there are multiple pieces of hardware available for playing games.
In line with these changes in game consoles, the Trademark Act has been expanding the list of designated goods to include additional protected items, but the current situation is that it has not yet fully accommodated the new shapes of games.
We have created this page in the hope that those in the gaming industry will learn how to register a trademark that is suited to the rapidly evolving gaming industry.
Stationary and portable game consoles
Game consoles used at home are called stationary game consoles. Home game consoles such as the Family Computer, PlayStation, and Wii fall into this category.
On the other hand, portable game consoles such as the Nintendo DS and PlayStation Vita are called portable game consoles.
When registering a trademark in Japan, all products are registered under Class 28, with stationary game consoles designated as "home video game consoles" and portable game consoles designated as "portable LCD game consoles."
In addition, the game software itself (ROMs and cartridges) used in these game consoles must be designated as Class 9.
Example: Class 9
Programs for home video game consoles Electronic circuits and CD-ROMs storing programs for portable LCD game consoles
About online games
Online games can be designated as services in Class 41, but there is no specific mention of this in Japan's similar goods and services examination guidelines, so some people may not be aware of this.
Specifically, online games are designated as follows:
Example: Class 41: Providing online games
This "provision of online games" is presumed to be a similar service to the "provision of entertainment facilities" in Class 41. In other words, it is presumed to be a similar service to the "provision of karaoke facilities" and "provision of billiard halls" that are included in the concept of "provision of entertainment facilities," and they actually have something in common in that they are "services that provide a place to play (in the virtual online space)."
In addition, products such as "provision of online games" in Class 41 and "programs for home video game consoles" in Class 9, which is so-called game software, are presumed to be dissimilar goods/services.
Therefore, for example, if you are providing game software for playing online games, you will need to consider designating the software as both goods in Class 9 and services in Class 41, so please keep this in mind.
About social games
In recent years, the number of people who download game programs onto their smartphones and play games on their mobile phones has increased dramatically. These games are called "social games."
Social games require registration as "game programs for mobile phones" in Class 9. In addition, if multiple people can play simultaneously via the Internet, they are considered to be playing online games, so designation of such games as services in Class 41 must also be considered.
Regarding game-related goods
Various merchandise related to games (cell phone straps, dolls, calendars, etc.) are often sold, and these goods are categorized into various categories.
Category 9: Mobile phone straps
Category 16: Calendar
Category 28: Dolls and toys
Merchandise products are often protected by copyright, but character names and the like are generally not protected by copyright, so we recommend that you register them as a trademark.
”HARAKENZO more " supports everyone in the gaming industry
In recent years, it has become possible for games to be distributed all over the world via the Internet, so it is expected that trademark registrations will become more common not only in Japan but also in the foreign countries where games are distributed.
”HARAKENZO more " We would like to be of assistance to those in the gaming industry in protecting their intellectual property, so please feel free to contact us for any inquiries.