Use of Trademark - Effects of Using Trademark
When you file a trademark application for your mark and registration of the trademark is granted, you will obtain a right (trademark right) to exclusively use the trademark. Once a trademark is registered, a third party cannot use either the registered trademark itself or any mark similar to the registered trademark (see the following explanation of similarity in trademark). If a third party files a trademark application for a mark similar to a registered trademark without knowing the existence of the registered trademark, the trademark application for the similar mark will be rejected by the Japan Patent Office (JPO) in its examination procedure on the ground that a similar trademark has been registered.
A trademark and goods/services are registered as a set. “Use of a trademark” refers to use of a trademark for registered goods/services. It should be noted that even the trademark owner may use only the registered trademark itself.
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1. Effects in Market
･Registration of a trademark has a great potential to achieve consumer’s trust on goods/services bearing the trademark and the trademark itself might grow into a well-known brand. For example, when consumers see the trademark “○△□,” they think: “this product must be good” and then it arouses a desire to purchase.
* On the contrary, however, if your product’s name (or service name) is copied and is used for bad quality items, you might lose your reputation.
2. Exclusive Right to Use
A trademark registration allows the owner of the mark to exclude an unauthorized use of identical or similar goods by another person and to dominate benefits resulting from their own trademark.
Deterrence to arising of similar trademark and service The JPO conducts substantial examination to determine whether or not a similar registered trademark to a trademark of a filed application. If you have a trademark right, you can prevent an identical or similar mark of another person from being registered. That is, as long as trademark examination is conducted precisely, a trademark owner has no need to take any action such as warning or filing a suit against any third party using a copied trademark on his/her own.
In case someone uses a trademark without authorization to make profits A trademark owner may file a request for compensation of damages or injunction.
* REGISTRATION OF TRADEMARK IS NEEDED to keep your mark that you developed with a lot of efforts from being stolen away after achieving its name recognition. |
* Particularly, SPECIAL CAUTION IS NEEDED because anyone can easily copy a product name/service name in the Internet society. |
