Trademark Protection System In Japan

A,

clause

1, why should

Each trademark has the function of distinguishing its goods or services from other goods or services, that is, (A) marking the source of goods or services; (B) ensuring the quality of goods or services marked; (C) advertising the goods or services marked.

Because the trademark has the important function of distinguishing the producer or service provider clearly, trademark becomes the important factor that the trademark user should consider in the commercial activity.

When trademark is used frequently, it can play a more and more important role.

Trademark will show great potential to attract consumers, and eventually the trademark itself will gain a good reputation.

Since trademark attractiveness to consumers and their good reputation are both important assets of trademark users, it is necessary to protect trademarks by law.

Furthermore, by fully protecting the distinguishing function of trademarks, the interests of consumers can also be protected, so that normal economic order can be maintained.

Therefore, from this point of view, the protection of trademarks is also of great significance for the protection of the normal economic order.

2、商標法對商標的保護

(1) the trademark right is protected through registration, but it must first satisfy the registration requirements stipulated in the trademark law.

(2) in principle, it is impossible for a trademark to be protected by trademark.

(3) the scope of trademark rights shall be limited to the same or similar trademarks as those registered trademarks, and shall not be registered or used in goods or services that are the same or similar to the goods or services specified in the registered trademark.

The protection of registered trademarks is also limited to this.

Accordingly, if the application trademark registered by the other party is identical or similar to the registered trademark already existing in the scope of the above-mentioned rights, the Japanese concession hall will reject the registration application.

Others can also challenge their registered trademark rights by submitting an objection application or invalid reexamination application.

If any other party uses a registered trademark within the scope mentioned above, such use will constitute infringement of the registered trademark right, which will be punished by law, and further, compensation for the damage suffered by the obligee shall be made.

Trademark infringement is also subject to criminal sanctions (no complaints, plaintiffs), and the infringer will also be heavily punished.

If a well-known trademark or a well-known trademark has been registered in advance, it is reasonable to prohibit the other party from using the trademark unfairly.

B, exceptions

Well known trademarks and famous trademarks, whether registered or not, will receive special protection.

1、保護馳名商標和著名商標的必要性

When a marked trademark is widely used, the corresponding goods or services will spread all over the world.

Further, when these goods or services are accepted by various types of consumers, the good reputation of the trademark will be further expanded, and the trademark itself will gain wide popularity.

This state of trademark is known as "famous" or "famous".

For example, for a well-known trademark, consumers will be happy to purchase goods with this brand or accept the services marked by the trademark in some franchised stores. As long as they find the trademark there, they will not go into details of each commodity or service, nor will they consider the background of the franchisee operating these goods or services.

Through the efforts of trademark owners, these well-known trademarks or famous trademarks with great value are cultivated as a kind of intellectual property.

Therefore, it is natural for them to fully protect and guarantee the safety of the valuable property of the trademark owners.

If a trademark that enjoys such a high reputation is not adequately protected, it will confuse consumers in trade activities and eventually lead to disaster.

In order to prevent such a situation, it is very important to give full and effective protection to well-known trademarks and famous trademarks.

The potential hazards to well-known trademarks or famous trademarks are mainly manifested in the following aspects:

(1) without the permission of the well-known trademark or the owner of a well-known trademark, the right of the trademark is preempted by others.

(2) without the permission of the well-known trademark or the owner of a well-known trademark, the person who uses the well-known trademark or famous trademark within the approved scope of the trademark or related to the scope of the trademark will cause confusion among consumers, and the unauthorized user will get illegitimate gains from the "free riding" behavior.

(3) without the permission of the well-known trademark or the owner of a well-known trademark, the person actually uses the well-known trademark or famous trademark outside the approved scope of the trademark without authorization. This generally does not lead to confusion, but it will weaken the trademark and damage the image of the well-known trademark or famous trademark.

On the basis of the joint proposal on the protection of well-known trademarks released by WIPO, the Japanese concession hall has revised the trademark review standard, which began in July 1, 1999. The revised standards of examination fully take into consideration the protection of well-known trademarks and famous trademarks.

(Note: This review standard is mainly used in the review process of the concession hall, not the law explicitly requires implementation).

2、商標法對馳名商標和著名商標的保護

（1）防止他人未經真正權利人允許而擅自將權利人的馳名商標或著名商標進行注冊［商標法第4節第（1）條第（10）、（15）、（19）項］

- in order to protect the rights and interests of the well-known trademark or the right of the famous trademark owner, and prevent others from obtaining the trademark exclusive right by submitting the application for trademark registration, it may constitute unreasonable obstacles to the true right holder's normal use of the trademark. This application for trademark registration without the permission of the real owner will be rejected.

(2) defense trademark registration system [trademark law, section 64-68]

- if a defensive trademark is registered, the same trademark is used by others in the scope of ratified use of the defensive trademark, which is regarded as a violation of the basic trademark corresponding to the defensive trademark.

At this point, the right holder can stop the injunction and compensation for the application of the damage.

(3) even if the trademark has been registered without the permission of the real owner, if the real owner has already started to use the well-known trademark before the application for the trademark registration, the real right holder of the well-known trademark will be protected before using the trademark.

[trademark law thirty-second section]

3、不正當競爭防止法對馳名商標和著名商標的保護

- prevent anyone from using other famous trademarks without permission.

(1) any trademark that is unauthorized to use the same or similar trademark of a well-known trademark or famous trademark, which causes the consumer to confuse the product or service of the real right holder, is regarded as a kind of unfair competition, and the real right holder can claim compensation from the injunction of this tort or the damage caused by the tort by the law of unfair competition.

[Unfair Competition Prevention Law second sections first articles (1)]

(2) the use of trademarks that are the same or similar to the well-known trademarks is regarded as an act of unfair competition. The well-known trademark owners may request the injunction against the infringement or compensation for damages caused by the infringement act through unfair competition prevention law.

[Unfair Competition Prevention Law second sections first articles (2)]

二、具體內容：對馳名商標和著名商標的保護

This part mainly discusses the protection of well-known trademarks or famous trademarks under the premise that well-known rights of well-known trademarks or famous rights holders have not yet been registered.

If the trademark registration has been registered in a general sense, it is the most effective strategy to protect the trademark rights under the trademark law.

A, trademark law, no one is allowed to register famous trademarks or famous trademarks without permission.

1. Section fourth (1) of the trademark law applies to the following circumstances: (10):

(1) the trademark of the real obligee is well known in the area related to the applicant's business scope.

(2) time requirement: the trademark of the real obligee is well known before the applicant has submitted the application for trademark registration.

(3) the trademark of the applicant is similar to that of the real obligee.

(4) the applicant's trademark is the same or similar to the commodity or service specified by the trademark of the real obligee.

2. Section fourth (1) of article fourth of the trademark law applies to the following circumstances:

(1) time requirement: the real right person's trademark has been well known before the applicant has submitted the trademark registration application; and

(2) the applicant's trademark will cause confusion with the trademark of the real obligee.

3, section fourth (1) (19) of the trademark law, which is added in April 1, 1997.

Take effect: the following circumstances apply.

(1) the trademark of the real right person is very famous in Japan or any other country.

(2) time requirement: the true owner trademark is very famous before the applicant has submitted the trademark registration application.

(3) the trademark of the applicant is similar to that of the real obligee.

(4) the motive of the applicant's registered trademark is malicious or for the purpose of unfair competition.

(5) whether the application for trademark will cause confusion to the real obligee's trademark is not required.

B, trademark law provides that no one can register a well-known trademark or famous trademark without permission, and give the real obligee the right to ask for a prohibition within a predetermined scope.

防御商標注冊制度（商標法第64－68節）適用以下情形：

(1) the real obligee has registered its underlying trademark, and the trademark is very famous (requiring sufficient evidence to prove).

(2) the registration of defensive trademarks can be obtained and the trademark is exactly the same as its very famous basic trademark.

(3) a real right person can specify any commodity or service that the trademark may use for its very famous trademark in order to carry out defense registration.

(4) if