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Trademarks・Designs
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Is filing for trademark registration easy?

A beginner's guide to filing for trademark registration is accessible on the Patent Office website, and smartphone-enabled online trademark filing services are now available.
Although the application process for trademark registration has become more convenient, the basics of the trademark system remain the same.

◆The list of designated goods and services required for application for trademark registration is publicly available on the Patent Office website.
However, it is with a very large number of pages and has difficult technical terms, which makes it difficult for you to identify appropriate classes that cover your business.
◆Trademarks vary in features and expression, such as Kana characters, Chinese characters, Alphabetic characters, English, French, German, coined words, pronunciation, meaning, fonts, and combined figures.

The feature and expression of the trademark affect the possibility of registration and further affect the availability of use (infringement of the rights of others).
Even for experts, judging these factors and appropriately filing for trademark registration are not easy.

Hanabusa Patent & Trademark Office will not only file an application for your desired trademark upon judging the availability of registration, but also provide you with a suitable advice based on your business strategy.

Reasons why you should entrust a reliable patent attorney firm with application procedures for trademark registration

Comparison between online trademark registration services and patent attorney firms

①When registering your trademark using an online trademark registration service upon deciding your desired trademark and designated goods/services
Labor × Flexibility Reliability Response to Office Action × Cost
②When consulting with a reliable patent attorney firm upon deciding your desired trademark(s) (multiple trademarks available)
Labor Flexibility Reliability Response to Office Action Cost

○:Excellent  △:Good  ×:Poor

Consulting with patent attorney firms (how to entrust patent attorney firms with application procedures for trademark registration)

◆When using an online trademark registration service, you have to decide your desired trademark and designated goods/services before using the service.
Meanwhile, when entrusting with a reliable patent attorney firm with the procedures, you can consult with them even just after picking up your choice(s) of desired trademark(s) and planning your business development strategy.
By receiving a suitable advice from the patent attorney, you can finalize your decision on the appropriate trademark(s) and designated goods/services.

◆In case a similar trademark is found as a result of trademark search, your desired trademark cannot be registered. Further, it should be noted that using the trademark may infringe other’s right.
While avoiding infringement, the patent attorney will examine the possibility of registration by changing the feature of the trademark (such as Kana characters, Chinese characters, Alphabetic characters, fonts, and combined figures), etc.

The appropriate strategy is inevitable for trademark registration since it directly affects your business. It is important for your business not only to register your trademark but also to acquire an appropriate scope of rights.
Hanabusa Patent & Trademark Office, based on its thorough search and extensive experience, will aim to obtain the appropriate scope of rights. We will also provide you with our advice for your business decisions.
There is no charge for a preliminary search for your trademark application (excluding figure trademark).

We are here to help you with registration of trademarks that you eagerly seek for.

Hanabusa Patent & Trademark Office will help you with registration of trademark(s) that you are keen to acquire, such as names that you have an attachment to and you eagerly seek for.
When registration of your trademark(s) is difficult due to prior registered trademarks, we will provide you with measures to increase the possibility of registration based on our thorough search and extensive experience.

Applications that may or may not be registered (applications in gray zone) may be notified of the reasons for rejection.
For example, if you are informed of the reasons for rejection in which the trademark pertaining to the application merely indicates the quality of the goods, and has no distinctiveness (Trademark Act Article 3(1)(iii)), we will prepare a written argument that asserts that the trademark has a function as a distinguishing mark that distinguishes goods from those of others when the trademark is used for the designated goods.
The argument will further indicate, for example, the trademark registration examples (decision of trademark registration, trial decision) regarding the same kind of trademarks as the present trademark, thereby increasing the possibility of obtaining the decision of trademark registration.

We do not offer the lowest price in the industry/money-back guarantee system.

We do not offer the lowest price in the industry or money-back guarantee.
This is because we concern about the tendency of patent attorney firms to recommend their clients to file an application for easily registrable trademarks only because they seek a profit by increasing filing numbers.

We will provide you with a suitable advice to help you reduce expenses while obtaining a necessary scope of rights.
When there are several choices of desired trademarks → Please just contact us.
→ Perform trademark searches (examining the availability of registration) → Select trademark(s) to be filed for registration (our fee will be number of trademarks x class regardless of the number of trademark searches)

Enhancement of the Design System (Design Act revised in 2019)

With the revision of the Design Act in 2019, the scope of protection for designs has been expanded, and the designs of ①images that are not recorded on articles,②buildings and③interiors have been newly added thereto.

By registering designs for ingenious smartphone application screens, exterior or interior of stores, an imitation of these designs can be effectively inhibited.

① Examples of designs of images that are not recorded on articles
 (quoted from JPO Examination Guidelines)

Image recorded in a server and provided through the network

Image recorded in a server
and provided through the network

Image projected on a road

Image projected on a road

② Examples of designs of buildings

Factory

Factory

Detached house

Detached house

Office

Office

Bridge

Bridge

③ Examples of designs of interiors

Interior of waiting room in hospital

Interior of waiting room in hospital

Interior of exhibition

Interior of exhibition room

Introduction of collective application for multiple designs
 (effective from April 1, 2021)

As an example, articles to the design, “dish”, “drone” and “drone controller” can be filed collectively in a single application form, and one design right can be obtained for each design (Drawings below are quoted from the documents for Design Examination Guidelines working group).

Dish

Plane view
Dish
Front view
皿

Drone

Perspective view
Drone

Drone controller

Perspective view
Drone controller

Other revisions of the Design Act in 2019

With the revision of the Design Act in 2019, in addition to the above expansion of the scope of protection for designs, the following revisions have been made.

  1. ① Extension of the duration of design rights(25 years from the filing date)
  2. ② Revision of the system for related designs
    (Design registration can be granted for the related designs that are applied before the date which has elapsed 10 years from the application of the principal designs.
    Registration can also be allowed for the designs similar only to the related designs.)
  3. ③ Expansion of indirect infringement acts
    (Dividing infringing articles into components and then manufacturing or importing them can be regulated.)

The revision of the Design Act for enhancement of the design system is assumed to bring a considerable influence on your design strategy.

Hanabusa Patent & Trademark Office will provide you with an appropriate advice for dealing with the Design Act revised in 2019 and help you with filing for design registration. If you have any concerns or inquiries regarding designs, please do not hesitate to contact us.