What type of trademark is registrable in Japan?
From 1 April 2015, the below-indicated types of trademark are registrable in Japan.
- Three-dimensional shapes
- Color (itself) – New Type
- Any combination of the above elements
- Sounds – New Type
- Moving marks – New Type
- Hologram marks – New Type
- Position marks – New Type
Is it easy to register new type trademarks?
In my opinion, it is not easy to obtain a meaningful registration of new type trademark.
- Color marks and sound marks (consisting of music only) are required to obtain so-called “secondary meaning” to be registered in principle;
- It is not difficult to register moving marks, hologram marks and position marks if they include a distinctive mark. In such case, however, we can register the distinctive mark as a traditional type mark, namely characters, figures, signs and three-dimensional shapes too;
- If they do not include any distinctive marks, they are required to obtain “secondary meaning” to be registered in principle.