Obtain trademark rights for corporate names such as company names.

If you are starting a new business, you will need to register your company name or other trade name.

In addition, the name registered when a public interest corporation, NPO corporation, non-profit corporation, etc. is established is called a name, not a trade name, but the name of a public interest corporation, etc. is also registered when starting a business such as a public interest corporation. .

If I register a corporate name such as a trade name or name, can I use that trade name or name forever?

No, if someone else acquires trademark rights to a trade name such as a company name or the name of a public interest corporation, using that trade name or name as a trademark is a violation of trademark rights. will become unusable.

On the contrary, there are many cases where already registered company names are infringing on trademark rights.

In the event of infringement of trademark rights, there is a possibility that an injunction or damages may be sought.

While trade names and names can be registered as long as they are not located at the same address, trademark rights are valid throughout Japan, so just because you have registered a trade name or name does not mean you can feel safe.

Isn't it the worst when an injunction is filed against a corporate name, such as a trade name or name that infringes on trademark rights, and you are forced to change your corporate name?

The corporate name is recognized by consumers, and the trust and economic value that has been accumulated is reduced to zero by changing the corporate name.

Of course, if you do not use a trade name or name as a trademark, it will not constitute trademark infringement, but if you are doing some kind of business, it will be difficult to use a trade name or name without using it as a trademark.

Even if there is currently no infringement of trademark rights, if a third party acquires trademark rights to a trade name such as a company name or the name of a public interest corporation, it is prohibited to use the trade name such as a company name or the name of a public interest corporation. There is a possibility that you will not be able to do it.

Nice company names and trade names are often targeted by third parties.

Therefore, when registering a trade name such as a company name or a corporate name such as the name of a public interest corporation, you should apply for a trademark at the same time as registering the trade name or name.

When registering a trade name such as a company name or the name of a public interest corporation, it is necessary to investigate whether the trade name or name infringes on trademark rights.

This is because infringement of trademark rights is presumed to be negligence, and the law imposes an obligation on the person using the trademark to investigate whether there is any infringement of the trademark.

We recommend that you obtain trademark rights not only for your corporate name, but also for the trade name you use when conducting business as a sole proprietor.
If a third party acquires the trademark rights, you will no longer be able to use the trade name.
Additionally, if you do not obtain trademark rights, you basically cannot stop third parties who are imitating your trade name from using that trade name.
コラム, 商標の関連記事
  • UNIQLO sues SHEIN for imitating shoulder bags - explanation from a patent attorney
  • About Amazon Brand Registration - Trademark application is required
  • Obtain trademark rights for corporate names such as company names.
  • To prevent counterfeit products - Acquisition of design rights for product packaging
  • Zoom, a music device, sued for trademark infringement
  • Love Hotel Chanel Case-Unfair Competition Prevention Law

Twitterでフォローしよう

おすすめの記事