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Introduction "The design of a new product you worked so hard to develop. What would you do if it...
Table of Contents
Music festivals, food festivals, art festivals—a wide variety of festivals are held throughout Japan throughout the year. In recent years, festivals have expanded in size and become more branded, and it has become common for festivals to have unique logos, merchandise, and distribute original content.
However, on the other hand, problems related to intellectual property are increasing, such as ``the festival name has been trademarked by a third party,'' ``the design of original goods has been imitated,'' and ``the logo has been used without permission.''
In this article, we will explain the basic knowledge of intellectual property that festival organizers and creators should know, examples of troubles that may actually occur, and a checklist to prepare in advance from a patent attorney's perspective.
Why festivals need intellectual property
Festivals are more than just events. A successful festival has great value as a brand. The name of the annual festival is a symbol of quality assurance for participants, an advertising medium for sponsors, and a tourism resource for the region.
Intellectual property rights are a means to protect this brand value. If you do not properly protect your intellectual property, you are exposed to risks such as:
- The name of the festival has been trademarked by a third party, so you can't use the name even though it's your own festival
- Original logos and characters are imitated, and fake goods are on the market
- Original stage designs and artworks are copied without permission
- The entire concept and planning content of the festival can be copied
In order to prevent such troubles and maximize the brand value of your festival, correct knowledge of intellectual property rights and proactive measures are essential.
Three intellectual property rights related to festivals
There are three types of intellectual property rights specifically related to festivals: "trademark rights," "copyrights," and "design rights." We will explain the characteristics of each and specific usage situations at festivals.
Three intellectual property rights related to festivals
1. Trademark rights - protect the festival's "name" and "logo"
Trademark rights are the rights to protect festival names and logos. By filing an application with the Japan Patent Office and registering it after examination, you can prohibit third parties from using the same or similar trademark. This includes the festival name, logo, catchphrase, mascot character name, etc. Trademark rights are valid for 10 years from registration and are renewable.
2. Copyright - Protecting festival "creative works"
Copyright is the right to protect original creative works. Copyrighted works related to the festival include poster and flyer designs, official website content, original songs, photos/videos, stage art, etc. Copyright automatically arises upon creation and does not require registration, but it is important to keep a record of the work in order to prove rights.
3. Design rights - protecting the festival's "design"
A design right is a right to protect the design (shape, pattern, color) of an article. For festivals, this can include merchandise designs (T-shirts, tumblers, tote bags, etc.), distinctive venue layout designs, and custom stage structures. With the revision of the Design Law in 2020, image designs and architectural/interior designs have been added to the scope of protection, expanding the scope of festival-related design protection.
Trouble examples by case
We will explain the intellectual property troubles that can actually occur at festival sites, case by case. Any trouble is not someone else's problem and can be avoided by taking precautions in advance.
Case 1: The festival name was trademarked by a third party
⚠️ Trouble example
A case where a completely unrelated third party had first registered a trademark for the name of a local music festival that had been running for five years. The organizers were forced to change the name of the festival, losing the brand recognition they had built up over the years. Additionally, all merchandise and posters produced in the past will no longer be available for use. The principle for trademarks is the first-to-file system, in which the person who files the application first obtains the rights. Even if you were the first to use the name, your rights will not be protected if it is not registered as a trademark.
💡 Beware of the first-to-file principle!
Japan's trademark system adopts a "first-to-file" system. This is the principle that the person who first applies to the patent office can obtain trademark rights, not the person who starts using the trademark first. Once you have decided on a name for your festival, we strongly recommend that you file a trademark application as soon as possible before the festival takes place. Think of the application fee as "insurance" to protect your festival brand.
Case 2: The design of the original goods was imitated
⚠️ Trouble example
A case where the official festival T-shirt design was sold as a product with a very similar design on an EC site. The original design of the festival should be protected by copyright, but since copyright is a right that protects "expression" rather than "idea", it is difficult to prove copyright infringement if the design is slightly different. Goods designs can be protected even more strongly by registering them in addition to copyrights.
Case 3: Unauthorized use of logo and fake sponsor
⚠️ Trouble example
A case where a company appeared that used the festival's logo without permission and advertised as if it were a sponsor. Not only will the brand image of the festival be damaged, but there is also the risk that attendees may mistakenly believe that the product is from an official sponsor and purchase it. If you register your logo as a trademark, you can seek an injunction or claim damages against unauthorized use. You can also consider protection under the Unfair Competition Prevention Act.
Case 4: Plagiarism of festival concept/plan
⚠️ Trouble example
A case where the unique concept of a festival (theme, management style, production method, etc.) is recreated as a very similar festival in another region. Unfortunately, ideas and concepts themselves cannot be directly protected by intellectual property rights. However, it is possible to indirectly suppress imitation by acquiring rights for a combination of specific designs, names, characters, etc. that embody the concept. Strategies to protect intellectual property are important.
IP checklist for festival organizers
We have compiled a list of points you should check to protect your intellectual property from the festival planning stage to after the event. Please refer to the checklist below to check your festival's IP measures.
✅ Check at the planning stage
- Have you investigated whether the festival name infringes on the trademark rights of others
- Have you filed a trademark application for the festival name/logo (recommended before the event)
- Have you signed a copyright transfer agreement with the logo/character designer
- Did you research in advance to see if there were similar festivals?
✅ Goods/design related checks
- Have you considered registering the design of your main products
- Have you confirmed the intellectual property agreement with the designer or external production company
- Are records of the creation date and production process of the original design kept?
- Have you checked whether the design of the goods does not infringe on the rights of others
✅ Content/distribution related checks
- Have you confirmed the permission to use the music with the performing artist?
- Has rights processing regarding live streaming/recording been completed?
- Have you clarified the terms of use for official photos and videos on SNS
- Have you established guidelines for photographing and posting participants
✅ Post-event/continuation operation check
- Do you manage the renewal period of the trademark (renewal every 10 years from registration)
- Is there regular monitoring for counterfeit products and unauthorized use of festival names?
- Are you planning to acquire rights to new designs and new content for the next event?
- Are the terms of use of logos and trademarks specified in the sponsorship contract
Recommended consultation with a patent attorney
Intellectual property protection is an area that requires specialized knowledge. Especially when multifaceted intellectual property is involved, such as a festival, such as name, logo, design, and content, many people may find it difficult to decide where to start.
As intellectual property experts, patent attorneys can provide the following support:
- Trademark search and application - Consistent support from trademark search for festival names and logos to application procedures and post-registration management
- Design application - Determination of whether or not goods design or stage design can be registered and application procedure
- Copyright consultation - Advice on how to prevent copyright-related troubles and what to do in the event of infringement
- Contract check - Checking intellectual property provisions in contracts with designers, artists, and sponsors
- Countermeasures against counterfeit products - Advice on legal response when counterfeit products or unauthorized use is discovered
In most cases, it is too late to take measures against festival intellectual property ``after a problem occurs.'' By consulting with a patent attorney from the planning stage, you can minimize risks and maximize brand value.
Please feel free to contact us to protect your festival.
Festival
Intellectual property
Trademark
Copyright
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Patent attorney
For those who want to protect the intellectual property of the festival
Patent attorneys provide total support from trademark applications, design registration, and copyright measures.
Please feel free to contact us for a free consultation.
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).
