[Must-see for dental clinic directors] The crisis of signboard removal! ? Complete knowledge and risk avoidance guide for "trademark registration" to protect dental management

 

Teachers who are busy preparing to open a business, or directors who are considering branching out or becoming a medical corporation.
I'm sure you're putting a lot of energy into selecting the property, interior design, and selecting the latest units, but are you putting off rights to the clinic name (trademark)?

"We are a community-based private clinic, so it doesn't matter."
"We have permission from the public health center, so the name shouldn't be a problem."
"There is no dentist with the same name in the neighborhood, so it's okay."

In fact, troubles related to "trademark rights" are quietly but surely increasing in the dental industry. One day, you suddenly receive a certified mail from an unknown agent demanding that you remove the signboard that you have loved for many years, shut down your website, and pay a large sum of money in damages. Situations like this drama can actually occur.

In this article, from the perspective of a patent attorney who has protected the intellectual property of many companies, we will thoroughly explain why trademark registration is now essential for dental clinics, what kind of business risks there are if you do not register, and the specific points of registration.
Although it is not a content that can be read in 3 minutes, it covers important knowledge to protect the fundamentals of your clinic management. Please read to the end.

1. The decisive difference between "trade name registration" and "trademark registration" that many directors misunderstand

When opening a dental clinic, you will need to notify the public health center and register at the Legal Affairs Bureau (in the case of a medical corporation). What many teachers fall into here is the misconception that ``because the government procedures were passed, this name is recognized by the country (= no one will complain about it).''
This misunderstanding is the beginning of tragedy. First, let's clearly understand the legal difference between a "trade name (registration)" and a "trademark."

Health centers and legal affairs bureaus only look at the "neighborhood"

Registering a business name at the Legal Affairs Bureau and notifying the establishment of a business at a public health center are basically just administrative procedures to confirm that there is no facility with the exact same name in the same city, ward, town or village (or same address).
In other words, even if there is a dental clinic with the same name in the next city, or a little further away within the same city, the application will still be accepted. This is why there are many Tanaka Dental Clinics and Sakura Dental Clinics throughout Japan.

Trademark rights are powerful exclusive rights that extend to "all of Japan"

On the other hand, "trademark rights" under the jurisdiction of the Japan Patent Office have exclusive effect throughout Japan. This is the biggest point.
Even if someone is far away in Hokkaido or Okinawa, if someone registers the trademark "White Dental Clinic" first, the rights will extend to all of Japan.

2. "Three management risks" that fall on dental clinics that have not registered trademarks

If you are optimistic and think that you have never had any trouble, one day you may suddenly find yourself in an irreversible situation. What specific risks are there?

Risk ①: One day a sudden "name change" and "signboard removal"

The most frightening thing is a “demand for injunction” from a trademark owner.
Trademark law is basically “first come, first served”. The fact that "we opened our practice first and have been practicing medicine for many years" is not a requirement for trademark registration (unless it is very well known nationwide). The first person to file an application with the patent office wins.

Risk ②: Confusion with "bad reviews" in online searches

In the past, the competition was "nearby dentists," but now patients choose a dental clinic by searching on the Internet.
What would happen if there was a dental clinic with the same name in another prefecture that was under fire due to ``painful treatment'', ``poor response'', ``news of fraudulent billing'', etc.?
When you search for a clinic's name on Google, there is a risk that other hospitals' negative reviews will appear in the search results and patients will mistake them for your clinic.
By registering your trademark and keeping your name exclusive, you can reduce the risk of confusion caused by names that overlap with those of other hospitals, and from an SEO (search engine optimization) perspective, you can accurately deliver information about your hospital to patients.

Risk ③: "Damage of value" during M&A and business succession

In recent years, M&A (branch office expansion and business transfer) has been active in the dental industry. There are also many cases where children are allowed to take over the clinic.
When selling or inheriting a clinic in the future, if trademark rights are not secured, the buyer will view it as a risky property with unstable brand rights.
As a result, the hospital's transfer price (valuation) may drop significantly, or in the worst case scenario, the M&A deal itself may fall through.
Trademark rights, like land and buildings, are important "intangible assets" for clinics.

Is it okay to name your hospital? First, check the risks

We will investigate whether the clinic name currently being used does not infringe on the rights of others and whether it can be registered.

3. What is the "subject" for which a dental clinic should register a trademark?

When we hear the word "trademark," we tend to think of only the clinic name, but in modern dental management, the scope of protection has expanded. Let's organize what should be registered strategically.

① Clinic name (text mark)

The most basic thing is the "clinic name" itself, which is the trade name.
Even if the logo design changes, if you have the rights to the name itself (letters), the rights will still apply even if the font of the letters changes. We recommend that you give top priority to registering in text.

② Logo mark (figure trademark)

Logos with tooth characters and initials are also eligible for trademark registration.
In particular, as described below, even if the name is too general to be registered with only letters, it may be possible to register it by combining it with a distinctive logo.
Registering a logo is essential for cosmetic dentistry, orthodontics, and pediatric dentistry, which place emphasis on visual brand image.

③ Unique treatment method or service name

If your clinic uses catchy branding names for its own treatment methods or courses, such as ``〇〇 Orthodontics'' or ``Whitening 〇〇Pro,'' those are also subject to trademark registration.
If you have a unique service that you don't want other hospitals to imitate, it's worth considering.

4. Concept of "classification" unique to the dental industry: Looking toward product sales (D2C)

When registering a trademark, it is necessary to specify the category (class) in which you want to acquire the rights. This is a very technical point, and if you make a mistake, you will often find yourself registering but not being protected.

Required classification: Class 44 (medical, dental, etc.)

The medical practice that is the main business of a dental clinic belongs to Class 44.
This is the most basic of basics, and it is impossible to register without this. This includes "provision of implant treatment," "provision of whitening," and "provision of medical information."

Surprising pitfall: Classification when selling products

In recent years, dental clinics are increasingly selling oral care products such as toothbrushes, toothpaste, and floss exclusively for dentists at the reception desk, or developing original supplements for the clinic and selling them on e-commerce sites.
Actually, Class 44 only covers rights to "provision of services (services)," and may not completely cover "sales of products."

Even if you think, "We only sell a small amount within the hospital," if the product name becomes famous in the future and another company takes a trademark in that product field (Class 3 or Class 21), there is a risk that sales will be prohibited.
Selecting classifications with an eye toward business diversification is where a patent attorney shows off his skills.

5. Boundary line between "names that can be registered" and "names that cannot be registered"

Not all clinic names can be trademarked. The Japan Patent Office's examination standards are strict, and there are hurdles specific to the name of a dental clinic.

Is it difficult to register "place name + dentistry"?

For example, trademarks that consist only of common place name + industry name, such as "Shinjuku Dental Clinic" or "Osaka Dental Clinic," cannot be registered (they are judged to lack distinctiveness).
This is because it is undesirable in the public interest for one person to monopolize the place name ``Shinjuku.''
However, if you combine unique words (distinguishing elements) like "Shinjuku〇〇Dental", the possibility of registration will increase.

Beware of common last names

Names that include only the last name, which are common in Japan, such as "Sato Dental Clinic" and "Tanaka Dental Clinic," also tend to be difficult to register.
On the other hand, you may be able to clear the registration by trying to register by combining it with a logo mark, or using your full name (for example, Takashi Sato Dental Clinic).

6. Why dental clinics should hire a patent attorney

Recently, cheap online trademark application services using AI have been increasing. Of course, this is an option if you want to keep costs to a minimum.
However, for dental clinics, which are highly specialized businesses that are rooted in local medical care, we strongly recommend that you make a direct request to an expert patent attorney.

Reason 1: Designing the scope of rights in anticipation of future business development

You can design the scope (classification) of rights without waste or omissions according to the doctor's future vision, such as the aforementioned ``merchandise sales'', ``branch hospital expansion'', and ``medical corporation''. In most cheap services, this consulting part is omitted, and there are many cases where people later regret that they did not provide enough classification.

Reason 2: Ability to respond when "rejected"

When the patent office says, ``This name cannot be registered (notice of reasons for refusal),'' there are many cases where people who apply on their own do not know how to respond and give up.
However, a professional patent attorney has the know-how to guide trademarks that were previously rejected to registration by submitting written opinions and written amendments and logically arguing to the examiner why this trademark should be registered.

Reason 3: "Early screening" in line with opening schedule

If the opening date is approaching, you may not be able to wait for the normal examination (6 months to 1 year).
If you ask a patent attorney, you can smoothly apply for "accelerated examination," which can shorten the examination period to about two months by meeting certain requirements. Professional support is essential to meeting signage order deadlines.

7. Frequently asked questions (Q&A)

Q. I have not yet opened my business, but when should I apply?

A. Once you have decided on the name, please apply as soon as possible.
The standard for trademarks is the "date of filing". It is safest to apply before ordering interior work or signboards, and confirm the likelihood of obtaining a trademark (search results) before placing an order.
The worst scenario that should be avoided is ``After making a sign, it turns out that it infringes on trademark rights.''

Q. How much does it cost?

A. It depends on the office, but the total amount per category is around 100,000 yen to 200,000 yen.
Whether you think this is expensive or cheap is a business decision, but if you think of it as an insurance premium for the risk of replacing several million billboards and brand exclusivity (updated for 10 years), it should not be a high investment. If you convert it into a monthly cost, it's only a little over 1,000 yen.

Q. Can I register using my own name (full name)?

A. There is a high possibility that you will be able to register unless someone else with the same name and last name has registered.
However, even if your name is your own, if someone else has previously registered the same name as a trademark, it may be a trademark infringement (or usage restrictions may apply). Be careful when you say, ``It's my name, so I should be able to use it freely.'' This may not apply under trademark law.

8. Summary: Trademark registration is an investment in "peace of mind"

When opening and managing a dental clinic, doctors must make many decisions every day. Among these, trademark registration may be a procedure that tends to be postponed.
However, the risk of replacing the signboard due to trademark infringement and the damage caused by brand damage may far exceed the price of the latest CT or unit.

"Is the name of my clinic safe?"
"I'm thinking about opening a branch office or selling private brand products in the future."
If you have any concerns, please consult a patent attorney who is an intellectual property expert before any trouble arises.
We will help you make the brand of "trust" that you have built and will continue to build legally solid.

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).

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