table of contents
1. In the beginning
In order to apply for trademark registration and receive trademark registration, it must be determined that the registration requirements are met. One of the most common reasons why a trademark is determined not to meet the registration requirements is the existence of a previously registered trademark that is identical or similar to the applied trademark.
Additionally, if the trademark you wish to use has a prior trademark that is the same or similar, using it will constitute trademark infringement.
Therefore, before applying or using a trademark, it is necessary to conduct a trademark search (trademark search).
A full-fledged trademark search must be conducted by a patent attorney with specialized trademark skills, but a simple search can be performed even by someone who is not familiar with trademarks.
We will introduce a simple method to check whether a trademark identical or similar to the trademark you wish to apply for trademark registration exists.
2. How to search for trademarks
To conduct a trademark search, we use a database containing information filed and registered with the Japan Patent Office. There are various databases, but J-Plat Pat is free and the easiest to use.
We will introduce the method of name (similarity search), which is one of the most commonly used searches on J-Plat Pat.
The image of the top page of the patent information platform "J-Plat Pat" is shown below. Click the "Trademark Search" button from the "Trademark" pull-down menu on the top menu bar.
Source:On the next screen, from the trademark (mark) section, change the second "Appellation (simple string search)" from the top to "Appellation (similar search)", then enter "Hara Kenzo" in katakana. Then press the "Search" button at the bottom of the page.
Source:Then, a trademark with a reading similar to the reading ``Hara Kenzo'' was displayed.
Source:The above search results show 11 results, but these are displayed without narrowing down the scope of rights.
If the designated classification or designated goods/services have been determined, search by entering the code or classification in the "Similar Group Code" or "Designated Classification" columns of the "Search Items" in the "Goods/Services Column". In order to accurately search whether a trademark has a previously registered trademark, it is necessary to enter a "similar group code".
*A similar group code is a 5-digit code assigned to each product or service. Products and services with the same similar group code are presumed to be the same product and service. You can check the product/service classification and similar group codes in J-Plat Pat's "Product/Service Name Search" under the "Trademark" tab.
*Classification refers to the classification to which each product/service belongs (classified into a total of 45 classifications). Classification does not indicate similarity of goods or services, and even if the classification is different, it may be determined that they are similar.
As a result of a search using the similar group code "32F15", no identical or similar prior trademarks were found.
Source:3. If a prior trademark with the same or similar name is found
If a prior trademark with the same or similar name is found, some people give up on registration, but it is not necessarily necessary to give up. There are many cases where trademarks are registered together even when the names are the same or similar. If you find a trademark with the same or similar pronunciation, we can help you determine whether it is registrable and provide advice on effective trademark changes, so please contact us.