What is Trademark?
“Trademark” means characters, figures, signs and the like which are used in respect of goods/services by a person who sells or provides such goods/services.For example,
when “automobiles” bearing characters and a figure, such as
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as in the following pictures |
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Another example is given below.
See the following mark made up of a combination of a figure and characters.
If this mark is used for “services for planning, operating and conducting soccer games and exhibition matches”, the mark is deemed as a trademark (service trademark).
There is another kind of trademarks. It is so-called “three-dimensional trademarks”.
For example:
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If this famous three-dimensional figure from World Cup soccer championships is used for goods for sale, such as a “memorial cup” and a “trophy”, or |
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if this famous three-dimensional figure from a fast food restaurant is used for “food providing services”, |
(Note that it is necessary to meet various requirements for achieving a trademark right.)
Based on the examples above, when you think creating and having a trademark registered, you need to make it clear “what characters, figures and the like will be used” and “for what goods or services these characters, figures and the like will be used”. That is to say, you have to consider “characters, figures or the like” and “goods/services” as a set.
This can be simply explained as follows.
If there are:
a trademark including a sign “●★●” used for “automobiles” as goods; and
a trademark including the same sign “●★●” used for “drinks” as goods,
these two trademarks should carefully considered as “different trademarks”.
