(1) Introduction

Enterprises that are rapidly growing mainly thanks to their unique techniques and goods are generally referred to as “venture enterprises”. While unique viewpoints and creativity, innovative techniques, etc. are necessary for growth of venture enterprises, certain “names” need to be given to technically excellent goods and innovative services. Then, rights to continue to use such names in security can be obtained only by conducting trademark registration.

It can be said that this is a shared understanding not only in Japan but also in the world today, when trademark systems are present in the countries around the world.

"HARAKENZO more " consider that those in the venture enterprises frequently expand business focusing on the world. Therefore, we wish you to have a chance to consider the necessity of “trademark registration”.

(2) Trademark Registration is Similar to “Automobile Insurance”

Car driving requires (i) a “driver”, (ii) a “car”, and (iii) a “driver’s license”. If car driving is compared to company’s business, the “driver”, the “car”, and the “driver’s license” may be replaced with legal statuses such as a “company’s representative”, an “organization”, and a “registration”, respectively.

Car driving requires another important thing: purchase of an “automobile insurance” in preparation for a traffic accident.

Trademark registration is similar in nature to an “automobile insurance”. Even if a driver thinks, “I am confident in car driving.”, or “An accident is less likely to occur since I am driving a high-performance car.”, a traffic accident will occur both accidentally and inevitably regardless of the driver’s will.

A traffic accident prevents a driver from driving a car, so that the driver may compensate the other party of the traffic accident for damages in some cases. Further, in the worst case, not only the driver but also a person in the same car may be arrested.

Same applies to a case where a company “operates” business without conducting trademark registration. The company is not only forced to change its trademark due to trademark infringement but also is forced to stop its business if the company’s credibility is lost due to such infringement. Further, the company is liable to compensate for damages caused to the other party. Then, in the worst case, the company may be arrested for trademark infringement.

Venture enterprises may consider that unique innovative goods and services are primarily necessary for rapid progress in enterprise. However, we wish you to understand that credibility as an enterprise may be immediately lost only due to “not having conducted trademark registration” in the course of such progress.

(3) Our Support For Those in the Venture Enterprises

Venture enterprises greatly contribute to improvement in Japanese technical competitiveness. Meanwhile, the Japan Patent Office is continuously carrying out activities for supporting small and medium enterprises and venture enterprises extensively while opening to the public “Intellectual Property Support Guide for Small and Medium, and Venture Enterprises”.

"HARAKENZO more " would like to assist those in the venture enterprises with intellectual property protection, and founded Small and Medium Enterprises Support Station in September 2013 so as to establish a system to positively support those in the venture enterprises. Please feel free to contact us for professional advice.

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Supervisor of this article


Osaka Legal Strategy Department General Manager
Patent&Trademark Attorney
Specially Qualified Attorney For Infringement Litigation