Intellectual property information

About the standard character system

What is the standard writing system?

This is a system in which, among trademarks consisting only of characters, those in a character font (standard characters) predetermined by the Commissioner of the Japan Patent Office are announced and registered as the display mode of the trademark. If the following requirements are not met, an application can be filed by simply stating in the application the trademark for which the applicant wishes to register, based on the applicant's declaration of intention (Article 5, Paragraph 3 of the Trademark Law).

Examples of characters that are not recognized as standard characters

① Trademark with only a figure, trademark with a combination of figure and text
②Trademarks containing characters other than those designated by the Commissioner of the Patent Office
③ Character limit: Trademarks consisting of more than 30 characters (spaces are also added to the number of characters)
④Vertical writing trademarks, trademarks consisting of two or more columns
⑤Trademarks containing characters with different points
⑥Colored trademark
⑦Trademarks in which some of the characters are written graphically or in different fonts
⑧Trademarks written in special characters such as flower characters or special fonts such as cursive
⑨Trademarks containing consecutive spaces
 

 

Scope of trademark rights

The scope of trademark rights is the same as or similar to registered trademarks (standard characters).
In other words, there is no difference in the breadth of the scope compared to regular trademark registration.
The scope of registered trademarks using standard characters is determined not by the trademark itself written in the application, but by replacing it with standard characters and using characters similar to the Mincho font.

Non-use cancellation trial

If a trademark owner, etc. is not allowed to use a trademark that is the same as a registered trademark (including the same according to social conventions) for designated goods or services for three consecutive years or more in Japan, a "non-use cancellation trial" will be filed. (Article 3, Paragraph XNUMX, Article XNUMX, Paragraph XNUMX of the Trademark Law).
Therefore, if you have decided on the typeface you will actually use, we recommend that you register your trademark using that typeface.
 

 

Differences from filing a logo trademark (for trademarks consisting only of characters)

standard characters

Merit

・It is possible to apply even if the specific font of the trademark has not been decided.
・It is possible to search for prior trademarks based on the appearance, name, and idea of ​​the character string.
・Easy to manage and search trademarks

Demerit

・Compared to logo trademarks, they have poor design and are difficult to recognize as distinctive.
・If the trademark used becomes a distinctive logo, re-application may be required.
 

logo trademark

Merit

・There are no restrictions on the characters that can be used, and characters of different sizes can be used together.
・It also affects the design of typefaces.
・The design of the typeface makes it easier to recognize its distinctiveness.
・Can be colored, making it easy to leave an impression on consumers, etc.
・It is possible to apply for double-column characters such as European characters and katakana.

Demerit

・If the font used changes, it may be necessary to re-apply.

 

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