table of contents
Introduction
Music is a culture that has been loved by people since ancient times.
People use music to change their mood, immerse themselves in sentimentality, and use it not only for entertainment but also as an expression of individuals, society, and ideas, and it is something that is very familiar and important to us. In Japan, a wide variety of music is produced, from traditional musical instruments to electronic musical instruments that make full use of the latest technology, and this has an important impact on cultural and economic development.
With the changing times, music has been delivered to people through media such as radio broadcasts, cassette tapes, CDs and DVDs, but in recent years, advances in digital technology have led to completely new distribution methods such as internet distribution and cloud services. The music industry has evolved and been transformed. In this era of digital mainstreaming, the current situation is that sales of music software are declining due to issues such as illegal copying and the diversification of entertainment.
However, in contrast, the market for ``experiential'' music that allows for live experiences such as live concerts and festival events is expanding, and there is a trend emerging that emphasizes live revenue, and the music industry is still We are in the process of change.
Copyright is most often brought up on the agenda when it comes to music-related issues, but when running a music-related business, trademark protection is essential to protecting your image with consumers and your business reputation. , which is extremely important for safely conducting business (of course, we also accept inquiries regarding copyright).
In order to receive trademark registration, it is necessary to apply for a trademark according to the designated goods/services classification established by the Japan Patent Office. The designated goods and services stipulated here are often different from those that are commonly thought of, so it is necessary to consider designating appropriate categories.
We have created this page so that everyone involved in the music industry can find useful information on trademark registration.
About artists
About artist name
In the current Japanese operation, the mere display of artist names, band names, stage names, etc. on CDs is treated as ``merely representing the content of the product'' and does not function as an identification mark for the product itself. , as a general rule, will not be treated as trademark use.
About goods development
When developing goods related to artists, each type of goods is classified in detail, so it is necessary to carefully consider the products to be released.
Typical goods are classified as shown in the example below.
- Class 14: "Key chain"
- Class 15: “Pick”
- Category 16: "Bromide", "Scorebook", "Sticker"
- Class 18: “Bags”
- Class 24: “Towel”
- Class 25: "Wristbands", "T-shirts", "Clothing", "Footwear", "Hat"
In order to avoid infringing on others' rights with counterfeit products, and also to avoid infringing on the rights of others without knowing it, acquiring exclusive trademark rights is a good way to avoid disputes and operate safely. It has great meaning as "insurance" for carrying out.
Regarding music software, music distribution, etc.
The sound sources themselves, such as music CDs and music distributed online, are all registered under Category 9. Please note that the specifications are different for tangible items such as CDs and DVDs, and intangible items such as downloaded and used music data. However, in modern times, products are often sold both on CD and on the Internet, and in that case, it is necessary to specify and register both.
Example)
Category 9: "Pre-recorded compact disc",
"Pre-recorded DVD"
"Other records",
"Music files that can be received and saved using the Internet" etc...
◎About DTM software
DTM software is a type of software used in DTM (Desk Top Music) to create music on a PC, and DTM suddenly became famous with ``Hatsune Miku'' and others that adopted Yamaha Corporation's VOCALOID. has been gaining popularity in recent years as a new way to enjoy music.
The classification specified in the trademark registration of the DTM software is Category 9 ``Computer program'', and if the software is sold as a package, Category 9 is ``Recording medium storing computer program'' or ``Downloadable.'' Examples include "electronic computer programs".
About music live/music event related businesses
Although the music software market has been sluggish recently, the market for live music that can be experienced physically rather than on a device is rapidly expanding. In the past few years, a number of companies have entered the live music business, and there is a growing focus on increasing revenue from the mobilization of live venues and sales of related goods. Isn't this the hottest market in the music industry right now?
When applying for a trademark related to the above business, the classification to be specified is Class 41.
Example)
Class 41: "Planning or management of film, entertainment, theater, or music performances";
"Performance of entertainment"
"Direction or performance of a play"
"Music performance"
About musical instruments etc.
All items related to "musical instruments" are registered under Class 15. Class 15 includes everything from "guitars," "bass guitars," "drums," "music synthesizers," and "pianos" to "wind instruments" and "brass instruments," as well as traditional instruments such as the "koto" and "shamisen." To do.
Furthermore, products related to musical instruments such as "drum sticks," "picks," "instrument cases," and "instrument pedals" are also covered by Class 15.
On the other hand, electronic devices such as "amplifiers for musical instruments," "effectors for musical instruments," and "phasers for electric or electronic musical instruments" belong to Class 9.
About retail/services
Finally, for those in the retail and service industry who act as a bridge to end users, for example, in the case of a CD shop, "the provision of benefits to customers in the retail or wholesale business of pre-recorded CDs and pre-recorded DVDs" It is possible to register as Class 35.
Regarding the musical instruments mentioned in (35) above, musical instrument stores are classified as Category 37, just like CD shops. In addition, if you also provide repair or adjustment services for musical instruments, you may need to consider specifying categories such as "Repair or maintenance of musical instruments" and "Adjustment of musical instruments" under Category XNUMX.
In addition, in the case of a karaoke store, registration is performed by specifying Category 41 "Provision of Karaoke Facilities."
Famous incidents in the music industry
Below, we will introduce three representative cases related to trademark rights in the music industry.
Rolling Stones Veromark case (Intellectual Property High Court, January 22.1.13, XNUMX)
The registered trademark Vero mark (Figure 1) used as the mark of the rock band "Acid Black Cherry" is confused with the cited trademark (Figure 2), which is famous as the mark of the Rolling Stones. As a result of an objection being filed on the grounds that there was a risk of causing harm, an objection decision was made to cancel some of the music-related goods and services. In this case, the plaintiff filed a lawsuit to have the objection decision rescinded.
The judgment stated, ``The appearance of both trademarks is a frontal and diagonal three-dimensional figure, which gives different impressions, and they cannot be said to be similar in terms of pronunciation or concept.In addition, the cited trademark is widely regarded among music-related people as the Rolling Stones. The trademark is well-known as an indicator of goods and services, and there is no risk that music fans will mistake or confuse the cited trademark with the subject trademark.''
ELLEGARDEN case (Intellectual Property High Court H20.3.19)
A French trademark owner (plaintiff of the first instance) who owns the trademark "ELLE" (designates magazines, clothing, textiles, etc.; Figure 3 is an example) sought an injunction regarding the trademark used by the rock band "ELLEGARDEN." Incident.
"ELLEGARDEN" manufactures and sells goods such as T-shirts, wristbands, stickers, towels, and music CDs with the "ELLEGARDEN" trademark, which has a design logo, and is used for the above acts. sought an injunction.
In the first instance, the judge largely accepted the plaintiff's claims and found that both goods and music CDs were similar. However, the appellate court denied the similarity of the goods, and all claims except for the logo used on the music CD and website (Figure 4) were dismissed.
Regarding the request for an injunction based on the "ELLE" trademark, the appellate court held that (i) the word "ELLE" is a very simple word with four letters of the alphabet that means "she" in French, and the two letters "Elle" in French; (ii) There are no physical circumstances that require separate understanding of “ELLE” and “GARDEN,” (iii) The rock band in question is a well-known group in itself, and has been using the trademark continuously since 4, and judging based on the actual circumstances of each transaction, it seems that "ELLE" and "ELLEGARDEN" are different. The request for an injunction was dismissed on the grounds that the two trademarks were dissimilar and there was no risk of confusion in their origin.
Furthermore, regarding the mark used for the CD and website (Figure 4), the word "ELLEGARDEN" is divided into two sections and the word "ELLE" is displayed in a large size, which is very similar to the "ELLE" trademark in question. Because the design is similar, the judgment was similar to that of the "ELLE" trademark in this case.
BOSS case (Osaka District Court S62.8.26)
BOSS (defendant), which manufactures and sells amplifiers, effectors, etc. for electronic musical instruments, sends a message to musical instrument purchasers saying, ``A large 'BOSS' trademark (Figure 5) on the chest and a small 'for sound innovation on stage' below it. T-shirts displaying this were distributed free of charge as novelty items.
A case in which the plaintiff, who is the registered trademark right holder of the trademark "BOSS" whose designated product is clothing, etc., claimed damages for the above act, alleging that it was trademark infringement.
The judgment states that ``Goods under trademark law refer to the goods themselves, and do not include the packaging of the goods or advertisements related to the goods. The defendant merely distributed T-shirts with the same trademark as the product to purchasers as a novelty product, or whether the product is merely packaging or advertising media for other products. The plaintiff's claim was dismissed, stating that the T-shirt was not intended for the purpose of electronic musical instruments.
”HARAKENZO more " supports everyone in the music industry
Music has a long history and is a culture that is familiar to us and has a great influence on us, regardless of country, generation, or gender. As the music industry changes to the digital age, it is expected that many complex issues will arise, not only regarding copyright, but also trademark rights, and it will be necessary to change its approach in line with the times.
”HARAKENZO more " However, we would like to help everyone in the music industry protect their intellectual property, so please feel free to contact us.