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Insurance that protects your credit forever
It can be said that a company's brand image and credibility are born from impressions of the company's products and services. Such image and trust can be said to be important assets for a company. It can be said that "trademark rights" exist as a necessary mark (source indication function) to form that property, and as something that guarantees ownership of that intangible property.
In legal terms, trademark rights are the right to "exclusively use" trademarks used for products and services.
In theory, by renewing that exclusive and exclusive right, you can own it semi-permanently.
This may seem obvious, but it is very important.
If your trademark receives a certain level of evaluation and is stably recognized, buyers will be able to purchase with confidence (quality assurance function), and having that trademark attached will increase their desire to purchase ( Advertising function).
By owning trademark rights, you can protect yourself from these trademarks.The profits that should be earned can be securely guaranteed.Think about it. I'm sure you'll realize that this is an indispensable right.
So, what happens if a trademark is not properly protected as a trademark right?
In addition to not being able to use the trademark that you have adopted exclusively and being forced to watch others use the trademark with your finger in your mouth, there are other possibilities, such as the following:
(1) Misappropriated application (rush application)
This is a case where someone else who does not have legitimate rights acquires the rights first.
As a general rule, in many countries including Japan, the first person to file an application wins (first-to-file principle) when acquiring trademark rights, and it is also necessary to acquire rights in each country (territorial principle). If you do not file your application properly and promptly, there is a risk that your rights may be stolen by someone else.
(2) Free ride
These are cases where trademarks representing products or services of well-known companies are used without permission, or where trademarks are intentionally imitated in a way that makes it easy to misunderstand that there is a connection with such companies.
It is easy to understand if you remember that world-famous company names and brand names are often subject to clever imitation.
When a trademark is so influential that it is taken for a free ride, others may file trademark applications for products and services in fields peripheral to their core business, or even apply for trademarks in fields they do not plan to do because of the well-known nature of the registered trademark. It may be advisable to file a defensive application (defensive mark) to prohibit the use of a trademark.
If trademarks are not properly protected and managed, there is a high risk that they will be misused by others.
As counterfeit products and other low-quality products and services become available, and problems such as accidents occur,The company's image is tarnishedAs your business grows, you'll want to proactively take measures to prevent this from happening.
Also useful for management strategy
When acquiring trademark rights, it is necessary to clearly specify "what kind of goods or services the trademark will be used for." Therefore, acquiring trademark rights,A good opportunity to think about the future prospects of your company's products and servicesIt will also be. Also, without realizing itMeasures to prevent infringing on the rights of othersIt also becomes. Obtaining trademark rights can also be said to mean that you have received confirmation that you are not infringing on the trademark rights of others.
Filing an application for trademark registration is more than just mechanically submitting documents. There are many things to do before and after filing, such as research, consideration, and revisions. It is quite a difficult task, but through itUnderstand more about yourself (your company) and other companies in your industryYou can also do that.
By the way, did you know that if you infringe on someone else's rights and are sued, it will cost you a huge amount of money and time? For example, in the United States, a country with a large number of lawsuits, cases are said to require large amounts of money and court periods that can last for several years.
At present, major intellectual property lawsuits are not occurring as frequently in Japan as in the United States, but I am sure that there are still quite a few disputes taking place, including various behind-the-scenes negotiations. To do.
Although we live in an era where we can easily and instantaneously obtain information from all over the world, we can also say that we are now faced with a variety of problems that were unthinkable just a decade ago.
There is always the danger that the trust that we have built through hard work may be unknowingly undermined, or that we may inadvertently infringe on the rights of others.
An example of a domestic trademark infringement lawsuit
(1) Monchouchou incident
Both are battles between two Western confectionery shops that are deeply popular mainly in the Kansai area. In a lawsuit between Goncharov Confectionery, famous for its chocolate, and Mon Cher, famous for its Dojima Roll, trademark infringement was found.
When the company name at the time, ``Monchouchou,'' was used on packaging and stores, Goncharov, who owns the registered trademark ``MONCHOUCHOU'' for sweets and bread products, sued for infringement, and the second instance court filed a lawsuit. The Osaka High Court confirmed infringement and granted a claim for damages.
Although Mon Cher had also registered a trademark with a similar aspect for "providing food and beverages," it was held that the aspect of the trademark used could cause confusion with the origin of Goncharov's registered trademark. .
This case had many issues and was controversial, but it was an example that highlighted the importance of prior research and consideration when using a trademark.
(2) Donbei incident
This is a case in which Nissin Foods, which manufactures and sells the famous instant noodle brand "Donbei," sued a udon chain that operated about 20 stores mainly in the Chugoku region for trademark infringement.
A settlement was reached during the dispute, and the defendant changed the store's name to "Oginoya."
Considering that "Donbei" was registered as a trademark by Nissin Foods long before the chain was founded and was recognized as a national food, I think there was room for consideration in the original naming. Masu.
(3) Interesting lover incident
The Sapporo District Court ruled that an affiliated company of Yoshimoto Kogyo used the registered trademark of Ishiya Seika, which manufactures and sells Shiroi Koibito, a classic Hokkaido souvenir confectionery, in a so-called parody to sell a confectionery called "Oji Koibito." The case was brought to court and received a lot of coverage in the media.
Although this case was ultimately settled out of court and no judicial decision was made as to whether or not it was a trademark infringement, I think it made the general public aware of the importance of trademarks.