|In the case, you use a logo or assembly of letters to identify your merchandise ( shohin ) , service in Japan, you may want to protect Exclusive right to use your logo or assembly of letters.
Or in the case you are operating a business with using a logo or assembly of letters, you may receive disclaimer from a person (Ms.Nancy).Because, Nancy is also using similar a logo or assembly of letters for similar kind of business, and she has already registered it as trademark.And she claims your activity is infringement of trademark right ( Shohyo ken ).
In that case, you can not use the logo or assembly of letters and need to change it.
You may lose some clients owing to that.
In the case of copy right, when you produce something, your right is generated automatically.
However in the case of trademark right, you need to register it in order to protect your exclusive right to use it.
Assumed that you have invented a software and sell it to customers.
Your clients can download the software in your website and you use this logo in your website and name of your software is “Japan”.
At the same time, your company is operating recruiting business and you use this logo for your business, too.
Now, your logo or / and assembly of letters have become very famous and obtained trust from your clients.
When people see this logo or assembly of letters, they think seller of the software or operator of the business is you.
In that case, other company may use this logo or assembly of letters with their software and utilize your trust.
Or other company who operate recruiting business may use this logo or assembly of letters for their business.
In order to avoid this kind of situation, you can register this logo and letters of “Japan” as trademark ( shohyo toroku = 商標登録 ) .
You can apply for registration of trademark with authority.
At first, you need to decide the trademark you hope to register.
Some Trademarks are made with assembly of letters.
Some Trademarks are made with diagram.
Some Trademarks are made with assembly of letters and diagram.
Once you have registered your trademark, you can not change it.
If you want to change it after registration, you need to newly make application for registration of trademark.
Even if you use letters for your trademark, it is not words, but mark.
If you hope to register letters as trademark, there are 2 types of registration.
1 You register it as letters.
2 You register it as diagram.
For example, ” SKYPE ” has registered it as letters of ” SKYPE ” and logo as below.
(Basically, the patent office consider 2 logo as same logo even if there is a difference in its color).
So, you can register your log with black and white.
If you use trademark made with alphabet, you can register both alphabet and pronunciation of the words.
In that case, you can register both SKYPE in alphabet and sukaipu in katakana letters.
In the case you register both alphabet and katakana letters, government fee is doubled.
If you wish to save this cost, you will register ” SKYPE sukaipu “.
However, your registered trademark is not SKYPE nor sukaipu.
You will not use SKYPE sukaipu.
In that case, there is a possibility that your trademark will be repeal because you do not use it.
If you want to protect logo of Japan and letters of ” Japan “, you can register the logo mentioned above and letters of ” Japan “, both of them.
However, if you want to save government fee, you can register one of them.
When you register your trademark, you need to determine the content of your merchandise and / or service.
There are some classes, categories in registration process.
This classes is named ” Kubun = 区分 “.
Even if a class is not same, there are some cases that kind of merchandise is similar.
For example, class of beer is No, 32 and class of foreign liquor ( 洋酒 = yoshu）is No, 33.
So, you need to confirm similar group code ( Ruiji gun code = 類似群コード ).
Similar group code of beer and foreign liquor is 28A02.
When similar group code is same, it it presumed that type of merchandise is same.
If your merchandise is software, you need to register in class 9, 38, 42.
If you operate recruiting business with this logo, class will be No, 35.
It is not easy to determine these classes.
When the number of class increase, the amount of government fee increases.
When you apply for registration of trademark, you need to confirm if other person has not register similar trademark.
You can not register a trademark if consists solely of a mark indicating, in a common manner, the common name of the goods or services or is customarily used in connection with the goods or services.
So, if you are operating worker dispatching business, you may not be able to register trade name of ” WORKER DISPATCHING BUSINESS “.
If you could register such trademark, it is not convenient for other persons to operate worker dispatching business.
In the case you sell watch, you can not register trade name of ” great watch “.
Because, when general consumers call these letters, they will omit BOY .
（2）Margin of top of paper should be 6ｃｍ（ From 2 page,, it should be 2ｃｍ）.
Right and left and bottom, you need to keep margin of 2ｃｍ.
（3） Each line should be ３６ letters and space of each line should be more than 4 ｍｍ.
The number of line in one page should be within ２９.
（4） Size of letters should be １０ ~ １２ points.
You can not use nor 【, 】, ▲, ▼.
（7） You need to bind papers with stapler.
As for date of submission, you need to write Heisei year, not 2016 etc.
This means ” designated merchandise or service and class of merchandise and service “.
【Designated merchandise（ designated service）】
【 Class No, 12 】
【Designated merchandise（ designated service）】
In this application form, address of applicant should coincide with certificate of residence of commercial register.
In the case applicant is legal entity, address of legal entity, trade name, title of representative person, name of representative person should be required.
Foreign company can become applicant.
If it is not easy to pronounce the name of applicant, you need to fill in Katakana letters.
You need to affix your seal on application form.
However, if your address clarifies your nationality, you do not need to fill in nationality.
You need to fill in your telephone number or fax number.
You need to paste stamp ( patent stamp = Tokkyo inshi ) on application form.
The amount of patent stamp is 3400 yen + 8600 yen × the number of class. ( As of 2016. )
And you prepare self addressed envelope that indicates address of applicant.
When patent office have received application form, they will affix their seal on scanned copy of application form and sent it by envelope.
This is fee for computerizing your application form.
If they have approved your application, they will send you notification.
If your application is granted, you need to pay registration fee within 30 days.
If you produce some logo ( diagram ) and hope to protect your right independent of merchandise or service, it is irrelevant from trademark right.
If you produce some ” work = chosaku butsu “, copyright (Chosaku ken ) shall be relevant.
Copy right is generated automatically once you have invented something.
This is difference from patent right, trademark right.
Even if you have copy right and transfer it to other person, without registration of copy right, transfer of copy right is still valid.
Moreover, other than programming software, you can not register copy right of production, works ( chosaku butsu = 著作物 ) only because you have invented it.
You need to publicize it or transfer copy right to register copy right.