A complete guide to "trademark registration" for fortune tellers and spiritual entrepreneurs | How to protect your name from plagiarism and account suspension [supervised by a patent attorney]

In recent years, with the boom in side jobs and the keyword "age of wind," the number of people working as fortune tellers, spiritual counselors, and healers has rapidly increased.
By posting on Instagram and YouTube, and using platforms such as Coconara and LINE fortune-telling, we have entered a wonderful era in which individuals can acquire many fans and generate large profits.

However, if there is light, it will also create a shadow.
As the industry flourishes, problems such as name plagiarism and trademark infringement are rapidly increasing behind the scenes.

If you think ``It doesn't matter because I'm doing it alone'', your carelessness could cause your business to collapse in an instant.

In the fortune-telling business, your name is your trust and is the only bridge between you and your customers. Expanding your business without having the means to protect your name is like leaving your safe on the main street unlocked.

In this article, from the perspective of a patent attorney who has handled many intellectual property cases, we will thoroughly explain why trademark registration is now essential in the fortune-telling industry, the specific categories (categories) that should be registered, and strategies to prevent trouble before they occur, all using technical terminology.

1. Why is there an urgent need for "trademark registration" in the fortune-telling industry now?

In the past, it was common for fortune tellers to belong to a ``Yakata''. However, currently, the mainstream business model is D2C (Direct to Consumer), where individuals connect directly with customers through SNS and platforms.
This environmental change is dramatically increasing the risk of trademark trouble. Here, we will explain three reasons why fortune tellers should hurry up with trademark registration.

Reason 1: First come, first served! “Name stealing” risk

Japan's trademark system adopts the "first-to-file" system.
This is a ruthless rule that says that the person who first files a trademark application with the patent office has the rights, regardless of who used the name first.

For example, let's say you have been active for five years under the trade name "Galaxy Tarot" and have 100,000 subscribers on YouTube. However, what would happen if a completely unrelated third party or a competitor who started operations later registered "Galaxy Tarot" as a trademark while you did not register it?

Legally, the owner of the name is the other party.
If the other party sends you a warning letter saying, ``This is a trademark violation. Please stop using it,'' you will be forced to change the name you have used for years, modify your signboard or website, delete past videos, and in the worst case, risk being sued for damages.
Even if you shout "I am the original owner!", it is powerless in front of trademark rights. This is the scary thing about trademark law.

Reason 2: Platform account suspension (BAN) measures

This is currently the most terrifying risk.
Platforms such as Coconala, LINE Fortune Telling, STORES, YouTube, and Instagram take very strict measures against infringement of intellectual property rights.

If someone with trademark rights reports to the platform that ``this fortune teller is using my trademark without permission,'' your active account or listing page is very likely to be deleted or frozen without notice.

Followers, hundreds of highly rated reviews, and customer list built up over the years. These disappear in an instant. For modern fortune tellers who rely on SNS and platforms to attract customers, deleting their accounts is synonymous with going out of business.
Registering your trademark will be the "strongest shield" to protect your account from such unreasonable reports.

Reason 3: Branding and proof of "authenticity"

Fortune telling services are all about "trust" because they are invisible.
By stating "® (R mark)" or "registered trademark" on your profile or website, you can give customers a sense of security that "this teacher is responsible for his own brand and is acting as a professional."

While there are many dubious spiritual businesses, the fact that it is a "registered trademark" is an overwhelming differentiator from others. It also functions as a barrier to keep out "counterfeiters".

2. Three assets that should be "trademark registered" in the fortune telling business

What exactly should I register when I say "trademark"? There are broadly three types of objects that need to be protected in the fortune-telling business:

① "Activity name (business name)" as a fortune teller

The most basic thing is your own name or trade name.
(Example: "Fortune Telling Hall〇〇", "Spiritual Counselor △△", "Fortune〇〇")

Even if you operate under your real name, if it is recognized as a business, it will be subject to trademark registration.
In particular, the more famous you become as a "correct fortune teller," the more people will try to take advantage of that name. If you get a poor quality appraisal with the same name, your reputation will also suffer. Registration of your name is a top priority in order to ensure the exclusivity of “This is my name”.

② Unique "divination name" and "method name"

General names such as "Tarot fortune telling" and "Western astrology" cannot be registered because they do not belong to anyone.
However, original names such as ``XX Style Chakra Reading'' or ``△△ Style Soul Appraisal Technique'' that you devised on your own will become powerful intellectual property.

By registering this, you can prevent disciples and students from using that name to hold courses without permission, or from providing low-quality services and damaging your brand. In other words, it becomes the foundation for creating ``Norenwake'' and ``Certified Instructor System (Association Business)''.

③ Product name/logo mark

You can also register the logo of your salon or office.
In particular, even if it is difficult to register with only the 2 characters (it is a common name), there are cases where registration can be approved by applying as a logo mark combined with a distinctive shape.
In addition, when selling original power stones, amulets, cards, etc., the brand name is also subject to protection.

3. How to choose a "category" to avoid failure

When registering a trademark, the most difficult and important thing is to select the "classification".
When registering a trademark, you must specify in which field the name will be used. This is called "classification" and there are 1 to 45 categories.

Since the fortune-telling business involves a wide range of activities, there are an increasing number of cases that cannot be covered by a single category. Below, we will explain in detail the main categories that fortune tellers should consider. If you make a mistake here, you could end up with“I registered, but I wasted my money.”

[Category 45] Personal consultation/fortune-telling performed according to individual needs

This is the honmaru for fortune tellers.
Face-to-face appraisals, telephone fortune-telling, chat fortune-telling, prayers at shrines, and provision of fashion information (such as lucky color suggestions) are included in this category 45.
If you want to work as a fortune teller, you must first obtain this classification. However, there are many cases where this alone is not sufficient.

[Category 41] Seminar/course/education/online salon

If you are holding a "fortune telling class" or "spiritual training course", this classification is necessary.
This also includes the management of online salons and seminar activities.

⚠️ Points to note
"Fortune telling" activities (Class 45) and "teaching" activities (Class 41) are treated as different services under trademark law.
There are no end to the failure cases where ``the appraisal was protected by Class 45, but the school name was not, so a school with the same name was created without permission.'' This is an essential classification if you want to develop a certification course business.

[Category 9] Electronic publications/applications/video data

Required if you want to sell certificates in PDF format, publish e-books on Kindle, or distribute original fortune-telling apps.
In addition, if you sell downloadable "video teaching materials" or "audio data (guided meditation, etc.)", this category 9 also applies.
This is an important classification to protect "intangible digital content." Even if you only take class 16 (paper books) because you publish a book, you need to be careful because electronic data may not be protected.

[Category 16] Printed matter, cards, books

This category applies when selling paper books, oracle cards, tarot cards, notebooks, textbooks, etc. as "products."
If you are looking to create and sell your own original oracle card deck, this is definitely the place for you.

[Category 14] Amulet/Power Stone/Accessories

If you are selling power stone bracelets, precious metal amulets, pendants, etc. as a set with appraisal.
When selling products, if you do not classify the products, there is a risk that other companies will sell your goods under the same brand name.

In this way, the activities of modern fortune tellers are not only ``appraisal'' (class 45), but also ``school (class 41)'' and ``merchandising (class 16 and 14)''.
Although there is a balance with the budget, it is the skill of an expert (patent attorney) to make a thorough selection of categories, looking not only at the ``current business'' but also ``the business you want to develop in the future.''

4. Actual trademark trouble cases (fiction)

Let's imagine a case where the fate of a trademark was determined by whether or not it was registered.

Case A: A fortune teller who was robbed of his popular business name

Fortune teller A, who was gaining popularity on SNS, operated under the trade name "Luna Fortune." The trademark was not registered.
One day, we received a warning letter by certified mail from Company B, a complete stranger to us, stating ``Luna Fortune is a registered trademark of our company. Please stop using it and pay us XX% of past sales.''

When I looked into it, I found that Company B had recently registered that name. I consulted a lawyer, but the answer was, ``As long as the other party's rights are valid, there is no chance of winning.''
Mr. A had no choice but to change the name he had been using for many years and had to renovate his website and inform his customers, resulting in a sharp drop in sales. Our search engine ratings were also reset, and we were literally starting from scratch.

Case B: Mr. C who followed his own method

Mr. C developed a unique method called the ``〇〇 style good luck method,'' and consulted a patent attorney and completed trademark registration (Class 41) before starting the course.
A few years later, one of the students went independent and started a course calling himself the ``〇〇 Style Good Luck Method.''
Mr. C immediately requested an injunction against the former student to use the name based on trademark rights. The other party was unable to mount a legal challenge and immediately changed the name. The brand value and trust of Mr. C's course was protected.

The only difference is ``Did you know or not''and ``Did you act or not''.

5. Reasons why we do not recommend applying by yourself (in-person application)

Recently, some people are trying out simple trademark registration sites using AI or applying as individuals. One way is to use them to reduce costs, but there are difficulties unique to the fortune-telling industry.

Risk ①: Difficult to judge "discrimination"

General words such as "Happy Fortune Telling" cannot be registered, but you may be able to register by combining "Happy" with another word or by creating a logo.
Specialized knowledge and experience are required to identify this “last minute line for registration”. If you apply on your own and get rejected, most people give up, but if you have a patent attorney, there are many cases where you can argue and get the patent registered.

Risk ②: Inadequate investigation

It is not enough to simply check the patent office database to see if there is a "same name". Trademarks also cannot be registered with "similar names".
For example, if "Star" is registered, there is a risk that "Star" and "Star (pronounced as Star)" may also be considered similar. This judgment of similarity (appearance, name, concept) is highly specialized and only a professional can make an accurate judgment.

Risk ③: Inability to respond to notification of reasons for refusal

After filing your application, you may receive a "Notice of Reasons for Refusal" from the examiner. This is not a ``failure'', but an ``opportunity for rebuttal''.
Most cases can be overturned by submitting an appropriate written opinion, but it is difficult for the general public to create such legal documents. If you hire a patent attorney, you can receive solid support for this intermediate process.

6. The cost of trademark registration and why it should be considered an "investment"

Trademark registration costs money. When you include the patent attorney's fee and the stamp fee to the patent office, the investment is typically over 100,000 yen per category (including research, application, and registration).
Do you think this is "high"?

Comparison with risk

If you get into trouble and have to change your name, rebranding costs (remaking the logo, website, signboards, etc.) alone can cost hundreds of thousands of yen to millions of yen. Moreover, the loss of the trust you have built up is priceless.

Trademark rights are generally valid for 10 years. If you divide the cost by 10 years (120 months), the monthly cost is only a few thousand yen, about the cost of lunch.
With that amount of money, you can buy 10 years of "peace of mind" and "exclusivity." This is probably the most cost-effective insurance to protect your business.

Summary: To protect your “Kotodama”

For fortune tellers and spiritual counselors, words are products and names are souls.
Because our work provides intangible value,protecting trust in the visible form of legal rights will solidify the foundation of our business.

• “Is my name okay?”
• "I don't know which category to register in"
• "I want to make original cards in the future"

If you have any concerns, please consult an expert patent attorney first.
At our firm, we will propose the optimal trademark strategy for your business based on a deep understanding of the unique circumstances of the fortune-telling and spiritual industries.

Early action will protect your future and the people who rely on you.
We will do our best to support you so that your fortune-telling can help as many people as possible without being interfered with by anyone.

Now accepting free consultations for trademark registration

Why not start with a free survey to see if the name you want to use can be registered?
A specialized patent attorney will support you.

Click here for free investigation and inquiries

*Consultations are strictly confidential

 

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).

→ Patent Attorney Profile → Contact Us → Consultation Flow