We know that trademarks are the umbrella of a company, which can distinguish products from other brands and prevent consumers from being confused. In China, our common trademark types include word trademarks, graphic trademarks, digital trademarks, etc., but in other countries, in addition to these common trademark types, there are also some relatively novel trademarks. These trademark forms are relatively rare in China, and some cannot be applied for registration as trademarks in China. Today I will share with you the new trademarks in Japan.
Traditional Japanese trademark registration types include standard word trademarks, graphic trademarks, symbol trademarks, three-dimensional trademarks or their combination trademarks. These trademark types are the same as the existing trademark types in China. Starting from April 1, 2015, Japan has added new trademark application types, including sound trademarks? Animation trademarks? Holographic trademarks? Trademarks composed only of colors and position trademarks. Let’s take a look at these new trademark types with Saibei editor.
Animated trademarks
Animated trademarks refer to trademarks whose text or graphics change with the passage of time, such as text, graphics or their combination displayed on a TV screen or computer screen. Animated trademarks are not only trademarks whose text or graphics themselves change dynamically with the passage of time, but also trademarks whose text or graphics simply move with the passage of time.
Unlike sound trademarks, there is no application for animated trademarks in China, so this is also a major feature of Japanese trademarks. The standard sample of animated trademarks needs to submit a pattern that can reflect the animation effect, and there is no requirement for the number of pictures.
Holographic trademarks
Holographic trademarks refer to trademarks whose text or graphics change through holography or other methods. The text or graphics will change according to the different viewing angles. Holographic trademarks and animated trademarks sound similar, but they are actually different. Holographic trademarks emphasize that different viewing angles lead to different effects.
Color trademark
A trademark consisting only of color refers to a trademark consisting only of a single color or a combination of multiple colors, but not a trademark that is a combination of color and graphics. If color and graphics are combined to form a specific pattern, text or mark, it will be considered as the above-mentioned traditional type of trademark. Colors are, for example, the colors used in the packaging paper of a product or advertising billboards. Common examples include the “orange + green + red” color trademark of 7-11 convenience stores and the “blue + white + black” color trademark of MONO stationery.
Dove and Nivea have also been in court over color trademarks. In 2013, Dove’s parent company Unilever sued Nivea, questioning the blue packaging patent obtained by the latter in 2007, arguing that dark blue was not Nivea’s exclusive color. At that time, the German Federal Patent Court ruled that Unilever won the case. Nivea was dissatisfied with the ruling and appealed to the Federal Supreme Court. Finally, the Supreme Court overturned the ruling of two years ago and ruled that Nivea has the trademark rights to the dark blue color. Therefore, it has the current Nivea Blue.
The most well-known color trademark is “Tiffany Blue”. Tiffany Blue is a customer-specific color produced by Pantone for it, numbered PMS 1837, which comes from the year Tiffany was founded. Tiffany was registered as a color trademark in the United States in 1998 and is protected by trademark patent law, so this color does not appear publicly in the Pantone color card.
Sound trademark
Sound trademarks are composed of music, sound, natural sound, etc., and are trademarks that can be recognized by hearing, such as sound logos used in advertisements or computer startup sounds? When it comes to sound trademarks, the most familiar one is Intel’s advertising music: thump thump thump, and there are also the famous Apple Mac computer startup sound, Nokia song, MGM’s “Lion’s Roar”, etc.
my country’s Trademark Office began accepting applications for sound trademarks in 2014. The familiar Hengyuanxiang “Yang Yang Yang”, Tencent QQ message notification sound “Didi Didi”, WeChat shake, etc. have all applied for sound trademarks.
On January 14, 2016, an express railway line of Nagoya Railway applied for a professional trademark for its siren.
Position trademark
Position trademarks are trademarks that mark symbols such as text or graphics at specific locations on goods, etc., and the position element is an element of identification and protection? Some people tend to confuse “position trademarks” and “trademarks composed only of colors”. In fact, there are still some differences between the two. “Position trademarks” emphasize the addition of patterns to specific locations of goods, that is, “patterns with specific outlines, etc.”, requiring the combination of color and outline to be taken into account; while “trademarks composed only of colors” focus on the color itself.
Although these five new types of trademark applications are not widely known, with the advancement of the times and technology, we are bound to face various changes that subvert traditions. The emergence of new trademarks can not only better protect the brand itself, but also enhance the brand’s personality and recognition. Therefore, if we want to protect the brand more comprehensively, we still need to understand the new types of trademarks.