Regional collective trademark

Article

January 18, 2022

A regional collective trademark (Chiikidan Taisho Hyo) is a trademark, etc. consisting only of characters that display the name of a region and the name of a product or service in a commonly used manner under the Trademark Law of Japan. A trademark for which business cooperatives, agricultural cooperatives, etc. are registered as trademarks because they have become well known within the scope. Due to the partial revision of the Trademark Law in 2005, a regional eight collective trademark system was introduced, and applications for trademark registration began to be accepted from April 1, 2006. 52 cases were registered as the first step on October 27, 2006, and the number of registrations has been increasing since then. For a list of registered regional collective trademarks, see "List of Regional Collective Trademarks".

Trademark Law Protection

Person who can receive trademark registration

Not everyone can register a trademark of a regional collective trademark. Trademarks can be registered A union with legal personality established by a special law, and the freedom of participation of those who are qualified to become members is guaranteed by the establishment basis law. Chamber of Commerce chamber of Commerce Only one of the specified non-profit corporations or a foreign corporation equivalent to these (Trademark Law, Article 7-2, Paragraph 1). Examples of unions 1 are business cooperatives established by the Small and Medium-Sized Enterprises Cooperatives Law (freedom to join is stipulated in Article 14 of the same law) and agricultural cooperatives law (freedom to join is stipulated in Article 20 of the same law). There are agricultural cooperatives established by. Registration by the Chamber of Commerce, the Chamber of Commerce, and the specified non-profit corporation was not permitted at the time of the inauguration of this system, but due to the growing need for regional brand protection that these organizations are working on to spread, 2014 (2014) Due to the revision of the Trademark Law, registration is now permitted. When applying for trademark registration, it is necessary to submit a document certifying that the applicant is a partnership, etc., and a document certifying that the trademark to be registered contains the name of the region (Trademark Law). Article 7-2, Paragraph 4). If these documents are not submitted, the Commissioner of the Patent Office will issue an amendment order (order to submit the documents) (Applicable Patent Law, Article 17, Paragraph 3), and if not submitted, the application will be rejected. (Applicable mutatis mutandis, Article 18, Paragraph 1 of the Patent Act). In addition, if an application is filed by a person who cannot clearly receive trademark registration, such as a joint-stock company or a natural person, it is clear that those documents cannot be submitted, so the application will be rejected without an amendment order. (Article 18-2 of the Patent Law applied mutatis mutandis).

Trademarks that can be registered as trademark

A trademark that is to be registered as a regional collective trademark must meet the following requirements (Trademark Law, Article 7-2, Paragraph 1). Being a trademark used by the union itself or its members. As a result of the use of the trademark, it is widely recognized among consumers as an indication of goods or services related to the work of the union itself or its members. The scope of "widely recognized" is a problem, but in the examination practice of the JPO, even if it is not widely known throughout Japan, for example, if it is known to the extent that it extends to neighboring prefectures, this requirement Treat as satisfying. This is because trademarks that are widely known throughout Japan have been registered (Article 3.2), and the significance of introducing the regional collective trademark system is lost. It must be a trademark consisting only of characters that display the name of the area and the name of the product or service in a commonly used manner. Specifically, only characters that fall under any of the following types. Area name + product or service

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