"Do we need a trademark or a patent in Japan?" "Is our logo protected by copyright?" "What about our product's shape?"
Overseas companies entering Japan often mix up these rights. In this article, Japanese Patent Attorney Toru Kano of BrandAgent explains what each right protects and which one you should think about first.
In short
- Trademark: protects names and logos — the marks that identify your brand
- Patent: protects new technology and inventions
- Design right: protects the appearance of products (shape, pattern, GUI, etc.)
- Copyright: protects creative expression such as text, images and music
In Japan, patents, utility models, designs and trademarks are "industrial property rights" administered by the Japan Patent Office (JPO), and must be registered to exist. Copyright is handled under a different system (the Agency for Cultural Affairs) and arises automatically when a work is created, without registration.
Overview
| Right | What it protects | Examples |
|---|---|---|
| Trademark | Brand identifiers | Company name, product name, service name, logo, shop name |
| Patent | Technology / inventions | A new mechanism, process or technical software processing |
| Design right | Appearance | Product shape, packaging design, GUI, building/interior design |
| Copyright | Expression | Articles, photos, illustrations, videos, music |
Trademarks protect your brand's "badge of origin"
A trademark identifies who a product or service comes from. Company names, brand names, product names, service names, logos and shop names are typical examples. If you want to protect a name or logo you will use for years — on Amazon Japan, in your own shop or in advertising — the trademark is the first right to consider.
Patents protect technology
A patent protects an invention — a technical idea, such as a new machine structure, a manufacturing method or a control method. A product name or service name is not protected by a patent.
Design rights protect appearance
A design right protects the look of a product: its shape, pattern or color combination, and in Japan also GUIs and the design of buildings and interiors. If competitors could copy the look of your product, a design registration is worth considering.
Copyright protects expression, not ideas
Copyright protects the expression itself — your website text, photos, illustrations, videos or music — not the underlying idea.
Common misunderstanding: “Our logo is protected by copyright, so we don’t need a trademark”
Some logos may qualify as copyrighted works, but copyright does not protect a logo's function as a brand identifier, and a simple word mark is generally not a copyrighted work at all. To stop others from using a confusingly similar brand in Japan, you need a Japanese trademark registration.
One product, several rights
A single product often involves several rights. For an app, for example:
- App name: trademark
- Processing technology: patent
- Screen design: design right
- Images, text and music: copyright
Duration also differs
A patent expires a fixed period after filing (in principle 20 years from the filing date). A Japanese trademark lasts 10 years from registration and can be renewed indefinitely, so it can protect your brand for as long as you use it.
Which should an overseas brand secure first?
- Protect a brand name or logo → trademark
- Monopolize a new technology → patent (or utility model)
- Protect a product's look → design right
- Stop copying of text or images → copyright
For most overseas sellers and brand owners entering Japan, the trademark comes first: it is needed for Amazon Brand Registry, it prevents others from registering your name in Japan first (Japan is a first-to-file country), and it grows in value as your business grows.
Remember that all of these rights are territorial: a registration in China or the US does not protect you in Japan.
FAQ
Q. What is the difference between a trademark and a patent?
A. A trademark protects brand identifiers such as names and logos; a patent protects technical inventions.
Q. Is a logo protected by copyright?
A. Sometimes, but if you use the logo as a brand, you should register it as a trademark in Japan.
Q. Is a company name protected by a trademark?
A. Yes. If you use your company name as a brand for goods or services, you protect it with a trademark.
Q. Can BrandAgent also handle patents and designs?
A. Yes. We handle Japanese trademarks, patents, designs and utility models, and every case is handled personally by the patent attorney.
Related articles
- What Is Trademark Registration in Japan? How It Works, Benefits, Costs and Process for Foreign Applicants
- What Is a Trademark Right in Japan? When It Arises, Scope, Duration and Infringement
- Why Foreign Companies Should Get a Patent in Japan: Benefits Explained by a Japanese Patent Attorney
- 3D Shape Trademarks in Japan: Which Product and Packaging Shapes Can Be Registered?
Planning to protect your brand in Japan?
Tell us your mark and your products — we will reply with the classes you need and a fixed quote, free of charge.
BrandAgent Patent Office (Kyoto, Japan)
Toru Kano, Japanese Patent Attorney