table of contents
Importance of naming
The naming of products and services is an important element in making a strong impact on consumers and stimulating their desire to purchase. Naming is determined by considering visibility, readability, image, impact, etc., and I believe that naming often influences product sales. A name that is familiar and easy to remember will leave a lasting impression and will spread widely among consumers. However, if you name the quality or efficacy directly so that they can be easily recognized, or if you use simple words to make it easy to remember, you may be at a disadvantage when registering or using the trademark. there is. Here, I would like to think about naming from the perspective of trademark law.
Points to note when selecting
In order to register a name as a trademark, the following requirements must be met. Therefore, it is important to consider the following points from the time of choosing a name.
(1) The name must be able to distinguish one's own products/services from those of others.
If you give a new detergent product a name that directly expresses its quality (for example, "detergent that removes dirt well"), it will be easier for consumers to imagine the quality of the product, which will stimulate their desire to purchase it. .
However, since it is basically impossible to obtain trademark rights for names that directly express the quality of products, it is not possible to prohibit or exclude the exclusive use of names or the use of other companies. In other words, there may be problems with the product's business development.
Specifically, names that fall under the following cannot be registered as trademarks.
①General name of goods/services
Example) Trademark “PC” for the product “Personal Computer”
② Customary naming for products/services
Example) Trademark “tourist hotel” for service “provision of accommodation facilities”
③ Naming that descriptively expresses the origin, location, quality, quality, etc. of products/services
Example) The product "apple" has the trademark "Aomori apple" The product "tea" has the trademark "delicious tea" The product "snack" has the trademark "potato"
④Names used by many people for similar products, etc.
Example) Trademarks “love” and “orchid” for the service “providing food and drinks”
The above naming is something that everyone needs to use and everyone wants to use, so it is inappropriate for one company to monopolize it. In addition to the above reasons, using words such as "Aomori apple" for the product "apple" is a necessary label when placing the apple in the distribution process. Therefore, the product cannot be differentiated from the products of others and cannot be registered as a trademark.
However, even if the name is named above, it may be possible to register it as a trademark if it is arranged as shown below or if it becomes famous through long-term use. ・Use the naming in a special typeface (make it into a logo) ・Add shapes ・Create words by slightly changing the letters (for example, anthropomorphizing by adding “kun” or “chan”, or changing only the ending of an alphabetical word) etc.)
(2) The naming is acceptable in terms of industrial policy from the perspective of public interest.
A trademark will not be registered if it harms the public interest, such as if the name harms the dignity of citizens or institutions, or if it misleads consumers about the content or quality of the product, or if it conflicts with another person's registered trademark. .
Examples of naming that harms the dignity of people and institutions include products that are named after World Heritage sites or names that include the word "Olympic".
Additionally, examples of naming that may lead to misunderstanding of product content and quality include naming the product "sugar" as "○○ salt."
(3) The naming is acceptable under industrial policy from the perspective of protecting private interests.
Even if (1) and (2) above are cleared, if something similar to the name has already been registered as a prior trademark or is used as a well-known trademark by a third party, then the trademark cannot be used. Unable to register. Furthermore, if a previously registered trademark is used without the permission of the right holder, there is a risk of trademark infringement.
Therefore, when choosing a name, it is necessary to check that the name has not already been registered by a third party. If an earlier registered trademark is found, you must take measures such as considering a different name, slightly changing the name to avoid conflict, or negotiating with the holder of the earlier trademark right to transfer the trademark right. It doesn't have to be.
Type of naming
(1) About the configuration
Here we will introduce what kind of naming structure there is.
① One word
For example, "vitamins" in software, etc.
② Word combinations (combinations)
For example, "vitamin" + "cap" makes "vitamin cap".
③ Abbreviations and initials
For example, "vitakya" is an abbreviation for "vitamin cap".
④ Words that have no dictionary meaning (coined words)
For example, "Rubakara" etc.
In the case of words or combinations of words, meanings (images) arise from the words, so it is important to choose words that match the image of the product. On the other hand, in the case of coined words that have no meaning, the word is selected based on the appearance and sound of the word in conjunction with the image of the product. In addition, words in a foreign language other than English that match the image of the product may be selected, which is often seen in the cosmetics and clothing fields.
(2) About hierarchy
When it comes to naming, it covers a variety of things, from company names to series names and individual product names. Here we will introduce the naming hierarchy.
① House mark
A house mark is a business sign for a company's name, etc., and is often a logo of a part of the company name or combined with a shape. House marks are widely used and are often seen by consumers, so they can be said to have the highest importance.
<House mark registration example>
・"TOYOTA" by Toyota Motor Corporation
・“SONY” by Sony Corporation
② Family name, category mark
Category marks and family names are "signs that indicate a category or series that is a larger concept than an individual product."
<Example of category mark and family name registration>
・Toyota Motor Corporation's "Corolla" and "Crown"
③ Pet name
Pet names are "individual product names."
<Example of pet name registration>
・Toyota Motor Corporation's "Fielder" and "Majesta"
・“WALKMAN” by Sony Corporation
・“VIERA” by Panasonic Corporation
Naming success story
Garigari-kun is a popsicle that everyone knows. This is a registered trademark. It seems that this name was originally ``Garigari''. If you were to apply for "Gari-Gari" as a product for ice candy, there is a high possibility that it would not be registered. "Garigari" is a word that represents the sound made when chewing or scratching something hard, and is a descriptive name that expresses the quality of the ice cream.
However, if you add "kimi" to "garigari" ("garigari"), there is no problem in registering the trademark as "garigari-kun," and by anthropomorphizing it, you can give it a more approachable image. In addition, the use of the character ``Garigari-kun'' creates an even stronger impression on customers.
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