Advice for Those Engaged in the Infrastructure/Construction Industry

(1) Introduction

Tokyo has been selected as the host city of the 2020 Olympics, and it is expected that construction will gradually increase in Japan as the Olympics approach .

Construction is mainly categorized into two classes: Class 37 (e.g. construction work) and Class 39 (e.g. transportation by railroad).

Goods such as building materials for construction work are registered as follows: Metal goods are registered as goods of Class 6 (e.g. metal construction-designated materials) and non-metal goods are registered as goods of Class 19 (e.g. plastic construction-designated materials). In addition, vehicles for use in construction are classified as those of Class 12 (e.g. dump trucks).

"HARAKENZO ^more " have set up this webpage to support those engaged in the infrastructure/construction industry and to provide information useful for understanding the trademark registration.

(2) Classification of Construction Work

Services of construction work belong to Class 37. Of all the registered services of Class 37 , a significantly large number of them are construction work. According to the registration database of the Japanese Patent Office, approximately 28,000 trademarks were registered in a 10-year period between 2003 and 2012. Given that approximately 34,000 trademarks of Class 37 were registered in the above 10 years, the construction work indeed takes up 80% or more of the entire registered trademarks.

The services in post-construction maintenance are considered different from construction work, and are designated as operation, inspection, and maintenance of a constructed facility.

Many of the services belonging to Class 37 are repair, preservation, and/or maintenance. For example, the maintenance of rolling stock is designated as repairs or maintenance of rolling stock.

Even if repairs are to be carried out to toys and/or dolls which are quite different from rolling stock, the repairs need to be designated under Class 37 as repairs of toy or doll. Likewise, repairs of eye glasses are to be also designated under Class 37 as repairs of eye glasses. That is, as is perhaps already clear, the services such as repair are primarily classified as those of Class 37, regardless of what object is to be repaired.

It should be noted that there are such services as processing in relation to repair. This type of services is designated as those of Class 40.

(3) Classification of Transporting Services

The services with the use of trains, airplanes, and automobiles belong to Class 39, and are designated as, for example, transportation by rail, transportation by air, and transportation by road , respectively.

The objects to be transported include not only people but also goods. Thus, transportation also includes delivery of goods by use of freight trucks and motorcycles.

Meanwhile, moving businesses that likewise relocate goods from one place to another are designated as moving assistance. Although transportation by road and moving assistance are similar in that they are both services of transporting goods, these services are considered different due to their entirely differing consumers and service providers in many cases.

Additionally, businesses that provide “rental car” services are designated as automobile rental.

(4) Our Support for Those Engaged in the Infrastructure/Construction Industry

The infrastructure/construction industry offers services that are relevant to the general public, and the needs for such services are expected to continue increasing in the future.

In the infrastructure/construction industry, trademarks are frequently used as part of long-term business plans, and it is therefore fair to say that conducting research on trademarks ahead of time is essential in the infrastructure/construction industry. "HARAKENZO ^more " are equipped to provide highly reliable research reports etc. whereby we can fully support strategies for intellectual property in the infrastructure/construction industry. Please feel free to contact us for professional advice.