To file a trademark application in Japan, one of the most important steps is deciding the type of the trademark, a word mark, a logo (figurative mark), or a combined mark, as each type offers a different scope of protection under the Japanese trademark system.
This guide explains the key differences between word marks, logos, and combined marks, and provides practical tips to help you make the best decision for your brand in the Japanese market.
Types of trademark in Japan
Trademarks that can be registered in Japan can be broadly categorized into several types. The main types include:
- Word mark
- Logo mark
- Combined mark
In addition to these, there are also newer types of trademarks, such as three-dimensional marks, position marks, and sound marks. This guide explains the three main types in detail below.
1) Word Marks
A word mark is a trademark consisting of plain text without any stylization.
As there is no need to design a logo, preparation for trademark filing is relatively simple. If you have already decided on a name to be used with your goods or services in Japan, or if your brand name is fixed, it is generally advisable to first consider filing a word mark.
When filing a word mark, the simplest approach is to file it as a standard character trademark. By simply specifying the text you wish to register, there is no need to submit any specific font or logo image. The mark will be registered in a font designated by the Japan Patent Office (JPO).
On the other hand, if you have a specific font for the trademark - such as "Arial" or "Times New Roman" - it is advisable to file the mark in that particular stylized form rather than as a standard character mark.
Please note that there is a possibility that the Japan Patent Office (JPO) may determine that the mark is not registrable. For example, if you file a trademark such as “COFFEE” for coffee bean packaging, it may be refused on the grounds that it is merely a generic term for the goods.
Related Article:
- Standard Character Trademarks in Japan
- Reasons for Trademark Registration Refusal
- How to Register a Trademark in Japan (Step-by-Step Guide)
2) Logos Marks
A logo mark (figurative mark) is a trademark consisting mainly of graphical elements, symbols, or stylized text.
Typical examples include the circular green logo of Starbucks and the bitten apple logo of Apple Inc.
Compared to word marks, logo marks are generally more memorable and impactful to consumers. However, their protection is limited to the specific design as filed, so significant changes may fall outside the scope.
3) Combined Marks (Word + Logo Marks)
A combined mark is a trademark consisting of a word element and a logo element presented as a single unit.
Compared to a word mark alone, combining it with a logo can enhance the overall distinctiveness of the mark.
It should be noted that, if the mark is used in a manner that differs significantly from the registered combination (for example, using only the word or only the logo), there is a risk that the registration may be cancelled on the grounds of non-use. This is because Japan has a system known as a non-use cancellation trial, under which a trademark registration may be cancelled through proceedings if it has not been used continuously in Japan for three or more years (Article 50, Paragraph 1 of the Japanese Trademark Act).
If you intend to use the word and the logo separately, it is advisable to file separate applications for the word mark and the logo mark.
Summary
The three main types of trademarks: word marks, logo marks, and combined marks, are introduced.
There is no single “best” type of trademark. As a general rule, you should file your application in the same form as the mark you intend to use in connection with your goods or services in Japan. This is because consistent use of the same mark over a long period helps build consumer recognition and trust in your brand.
If you are unsure which type of trademark to choose, or if you are considering filing your trademark in Japan, please feel free to contact APEX Patent Solutions.
Our licensed Japanese patent attorneys (Benrishi) will be happy to assist you.