[About the Trademark System]

About the Trademark System

This is a system of trademarks which are attached to, printed on products or used to identify services in order to protect these trademarks because such trademarks indicate a certain specific function of a product or a service identified by a trademark. The system thus on the one hand protects the interests of the consumer, and on the other hand it also contributes to the development of industries through a design maintaining confidence in the operations of persons using these trademarks for advertising functions or for functions aimed at protecting the quality of products.

Definition of “Trademark”

A trademark is a mark used by a manufacturer, dealer or service provider in respect of goods or services in order to differentiate them from goods and services offered by other parties which are of the same or a similar type.

Types of Trademarks

The following trademarks are entitled to protection in Japan:
1. Character trademark
2. Figure trademark
3. Sign trademark
4. Three-dimensional trademark
5. Integrated trademark comprising two or more of character trademark,
figure trademark, sign trademark, and three-dimensional trademark
*Excerpt from the Japan Patent Office, “Procedures for Obtaining a Trademark Right”

An infringer of a trademark right or an exclusive right to use (excluding one who has committed an act that shall be deemed to constitute infringement of a trademark right or an exclusive right to use under Article 37 or Article 67) shall be punished by imprisonment with work for a term not exceeding ten years or a fine not exceeding 10,000,000 yen or combination thereof. (Trademark Act, Article 78: Crime of Infringement)
*Ministry of Internal Affairs and Communications “Translations of Japanese Laws” “Trademark Act”