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Originally, a trademark that is the same as or similar to a well-known mark indicating a local government cannot be registered as a trademark (Article 4, Paragraph 1, Item 6 of the Trademark Law). The reason for this is that if the general public were allowed to register marks representing local governments, the authority of those organizations would be undermined.
On the other hand, if a local government itself files an application, trademark registration can be obtained as an exception (paragraph 2 of the same). This is because the above problem does not arise even if local governments themselves register their own marks.
However, in reality, trademarks filed by local governments are more like loose characters such as ``Hikonyan'' in Hikone City, ``Kumamon'' in Kumamoto Prefecture, and ``Chiba-kun'' in Chiba Prefecture, rather than marks that indicate an organization. It seems that there are many things related to mascot characters.
Significance of trademark acquisition in local governments
(1) General benefits of trademark registration
The advantage of registering a trademark in this way is that the applicant, the local government, can monopolize the use of the trademark for the goods and services specified at the time of trademark registration application, and other people cannot use it without permission. If you do so, you may be able to request an injunction to stop its use or claim compensation for damages.
(2) Benefits of local governments acquiring trademark rights
The above-mentioned benefits from trademark rights appear in local governments in the form of regional revitalization.
For example, using Yurukyara character illustrations on product packaging, straps, accessories, etc. will lead to an increase in the number of tourists as the character becomes more well-known and popular. can do.
Additionally, acquiring trademark rights means that if a counterfeit version of a popular character appears, it can be eliminated based on legal rights, which will also lead to an increase in brand value. In particular, in the case of popular characters, the actions of the character are likely to be associated with the image of the local government, so there is a need to carefully manage the use of the character (commercialization and comments made through the character), so laws and regulations are required. Obtaining the above rights can be said to be an urgent task.
Furthermore, by raising the brand image of a registered trademark, local governments can revitalize the local economy by attaching a logo, etc. as a registered trademark to products or using it at travel events.
In addition, selling T-shirts branded with the event name could be used to raise awareness of the event and make it a success.
(3) Specific examples of regional revitalization
For example, although the application was filed by an NPO rather than a local government, there is the mining railway "One Yen Train" in Oya-cho, Yabu City, Hyogo Prefecture. The One Yen Train is a mining railway that ran approximately 6 kilometers between the Akenobe district and the Mikobata ore processing plant in Asago City for a fare of one yen. The NPO One Yen Train Akenobe applied for trademark registration in June 2013, and the trademark was registered on April 11, 2013. We also held a trial ride event under a banner reading ``One Yen Train Trademark Registration,'' and in June 2015, the total number of passengers exceeded 11,111, playing a role in revitalizing the region.
Furthermore, when Oita Prefecture applied for trademark registration for ``Onsen Prefecture'', it was rejected by the Japan Patent Office, but a TV commercial was created using this as PR material, which became a hot topic. Depending on your idea, it is possible to connect the fact that you have applied for trademark registration to regional revitalization (for Oita Prefecture's "Onsen Prefecture", you can add a design that resembles a bathtub). , trademark registered).
Initiatives after acquiring trademark rights
Even after trademark rights are registered, efforts are required to maintain the rights and protect the brand image.
(1) Renewal of trademark rights
Unlike other industrial property rights such as patent rights and design rights, trademark rights can be maintained semi-permanently by renewing their duration. To do so, you must complete the renewal procedures within the specified period, and if you fail to do so, your rights will expire.
In order to maintain these rights, we must follow the appropriate procedures prescribed by law.
(2) Proper use of registered trademarks
Now that the Internet such as SNS has become an important source of information, it is important to have registered trademarks used not only by local governments, but also by the private sector as widely as possible in order to increase brand image. Masu.
However, if it is allowed without restriction, it may actually deteriorate the brand image. For example, a product name that has become famous as a B-class gourmet product may be used without permission by someone else, lowering its reputation as ``not delicious,'' or being used in a way that harms the image of a cute mascot character. I think it's easier to understand if you visualize it.
In this way, in order to maintain and improve the brand image of local governments, it is necessary to create appropriate rules for the use of registered trademarks.
Trademark registration overseas
Even if you have trademark rights in Japan, they are not valid overseas. Therefore, if you are aiming to expand your regional brand overseas, or if you want to protect products already sold overseas, you will need to register your trademark in each country.
While this registration is neglected, troubles often arise in which a third party overseas files an application for the trademark first.
For example, in the 2003 "Aomori" trademark case, a third party filed an application for the "Aomori" trademark in China for use on products such as fruits and vegetables. In China, there is a three-month opposition period after an application is announced in the official gazette. By filing a complaint, we were ultimately able to block the registration. However, even though the opposition was filed in July 2003, the notification of rejection of the application arrived from China in December 2007, so it took a total of four years. doing.
In addition, the "Imabari" trademark case occurred when Imabari City, Ehime Prefecture and the Shikoku Towel Industry Association, which is made up of Imabari towel manufacturers, tried to apply for a trademark for "Imabari Towel" in China, but the "Imabari" trademark was already owned by a Chinese company. In this case as well, it took four years from the discovery of the problem in 2010 to the time in 2014 when we obtained a ruling disallowing the registration of the first-filed trademark.
First of all, these cases demonstrate that even trademarks related to Japanese place names may be filed or registered overseas. For example, if we look at the Chinese Trademark Law, Article 10 states that ``foreign geographical names known to the public'' cannot be registered as trademarks, but on the other hand, unless the examiner determines otherwise, they can be registered. Yes, it is dangerous to feel safe just because a person is famous in Japan. There is also a case outside China where the name "Sanuki" was registered as a trademark in Taiwan.
Second, it also shows that once a trademark-related problem occurs, it takes a long time to resolve it. Since the trademark will not be available overseas for a period of several years, the resulting loss of brand development opportunities and the effort required to resolve disputes will be enormous.
Therefore, I hope you understand how important it is to register your trademark overseas as a proactive defense measure to avoid such disadvantages.
Relationship with copyright law
Yurukyara and logo marks are also related to copyright law.
These are works of art and are protected by copyright law. Copyright arises from the creation itself, and there is no need for any procedures such as application or registration to protect the right. However, if you do not take any measures to protect your rights and leave it as is, you may end up with something like "Hikonyan" in Hikone City. There is no guarantee that problems under copyright law will not arise.
Copyright has two aspects: a property right and a moral right.Property rights can be transferred from the author, but moral rights can be transferred as rights exclusive to one person. can not.
For this reason, if an illustrator unrelated to a local government employee is asked to create a design, the moral rights of the author remain with the illustrator, and opinions between the user of the design and the illustrator may differ. In the event of a conflict, the violation of the right to integrity often becomes an issue.
Therefore, you must be aware of the need to conclude a contract in advance to avoid copyright law problems later on.
HARAKENZO provides full support
Our firm provides full support for trademark registration applications by local governments, the creation of rules for proper trademark use, copyright agreements, etc.
On top of that, if we can contribute to the revitalization of the region, it will be an unexpected pleasure for us.