Elon Musk, Mark Zuckerberg, Yusaku Maezawa, Horiemon. When you hear these names, a certain image or business probably comes to mind. ``President of Tesla'' ``Founder of Meta'' ``Former president of ZOZO'' ``Former president of Livedoor''. The name itself functions as a brand and creates value for your business.
If these celebrities were to hold a seminar or talk show, wouldn't you want to attend? I personally like all the people listed here, so I would definitely like to participate.
What I'm trying to say here is that a "person" itself can become a brand. This is called a "personal brand." Trademark registration is the most effective means of legally protecting your personal brand in the digital age. This article provides detailed explanations from a patent attorney's perspective, from the basics of personal branding to the specific steps for registering a trademark and the risks of not registering it.
Table of Contents
"Personal brand" is a state in which an individual's name or image itself is recognized as a brand, and work requests and products are sold using that name. Just as corporate brands are "Toyota," "Sony," and "Apple," personal names also function as brands.
Building a personal brand is now important in all industries, including professionals such as patent attorneys, lawyers, and doctors, as well as YouTubers, influencers, consultants, freelance designers, and engineers.
Essence of personal brand:Personal brand is "the ability to associate specific values and skills just by hearing the person's name." The key is to associate a name with credibility and expertise in a particular field, rather than just being famous.
The spread of the Internet and SNS has made it easier for individuals to disseminate information and reach the world. In the past, it was only possible to spread your name through businesses and media, but now you can build and monetize your own brand on your own.
1. Expanding personal influence
With platforms such as YouTube, Instagram, TikTok, and X (formerly Twitter), it is not uncommon for individuals to have millions of followers. There are also cases where the communication power of individuals exceeds that of companies.
2. Increase in side jobs/freelance
With the diversification of work styles, an increasing number of people are receiving work under their own names. Individuals with a strong personal brand will attract work without having to do any sales activities.
3. Reliability differentiator
In today's world of information overflow, "who is saying it" is more important than "what is being said." If your personal brand is established, the credibility of the recipient will be completely different even if the content is the same.
A "personal brand with strong brand power" is a state in which the person's name is the first thing that comes to mind when a customer has a need.
For example, what would you say is a good Japanese teacher for university entrance exams? "Mr. Osamu Hayashi." When I want to learn something on YouTube, the first thing that comes to mind is Atsuhiko Nakata's YouTube University. This is when a personal brand has brand power.
Please pay attention to the name of the YouTube channel "Nakata Atsuhiko's YouTube University". The key point is that it is named after an individual, rather than just "YouTube University" or "Learning Channel."
When you hear the word "Atsuhiko Nakata", associations such as "comedian," "educated," "easy-to-understand explanations," "useful information," and "reliable content" are created. This richness of associations is the brand power of a personal brand.
For example, in the professional field, if you are the first to remember, for example, ``If you think of the field of intellectual property, Dr. 〇〇'' or ``If you think of a patent attorney who is good at trademarks, 〇〇,'' then your chances of receiving future work will greatly increase.
Strengthening your personal brand has the following business benefits:
Let's take a look at people in different industries who have successfully built personal brands.
For YouTubers, their channel name and personal brand are their biggest assets. Names like Hikakin, Hajimeshacho, and Atsuhiko Nakata each evoke a unique worldview and quality of content. These creators aren't just creating content, they're also accumulating value in their names, so even if they move to a new platform, they can still gain followers through name recognition.
Yusaku Maezawa is a personal brand with many images such as ``former president of ZOZO,'' ``space travel,'' and ``handing out money.'' In fact, "Yusaku Maezawa" is a registered trademark (Trademark Registration No. 6223257). The name Horiemon is also registered as a trademark (Trademark Registration No. 4979502) and functions as a brand that covers all of Takafumi Horie's activities.
For professionals, it is effective to combine expertise in a specific field with a personal brand. If you can get people to recognize your field and name as a set, such as ``Mr. 〇〇 is a tax accountant who is good at inheritance,'' or ``Mr.
In the entertainment and sports worlds, managing your personal brand is extremely important. Trademark registration of stage names and real names is often done strategically by agencies, and serves as the basis for protecting rights in merchandise sales and advertising contracts. Yu Aoi (Trademark Registration No. 4600467), Rie Tomosaka (Trademark Registration No. 4173020), and Nobuaki Kaneko (Registration No. 6121059) are also registered trademarks.
What are the elements that make up a personal brand? From the perspective of trademark registration, there are the following elements.
| Element | Description | Specific example |
|---|---|---|
| Name (full name) | Full name | Yusaku Maezawa (Trademark Registration No. 6223257) |
| Stage name/pen name | Activity name | Yu Aoi (No. 4600467), Rie Tomosaka (No. 4173020) |
| Nickname | Common name/nickname | Horiemon (No. 4979502), NIGO (No. 4717938) |
| Title | Unique qualification name or title | Business successor (registration 6419675), skin care doctor (registration 6427751) |
| Name (company name, etc.) | Company name/trade name | Sony Corporation (No. 604177) |
Trademark registration is a very effective means of legally protecting your personal brand. However, not all names can be trademarked. Let's check the rules of trademark law.
| Type | Registration possible | Conditions/Notes |
|---|---|---|
| Mr. (last name only) | Conditionally allowed | Common names (Suzuki, Tanaka) are not allowed. Unusual person can be registered |
| Full name | Acceptable in principle | Full names of famous others are not allowed (OK if the applicant is the applicant) |
| Stage name/pen name | Yes | Easy to register if it is unique |
| Nickname | Yes | Especially advantageous if it is a uniquely coined word |
| Unique title | Yes | General titles (president, lawyer, etc.) are not allowed |
| Name (company name, etc.) | Conditively allowed | No common names. Uniqueness is necessary |
However, even famous names can be registered if the person himself applies. In addition, there are cases where even an ordinary name can be registered by combining it with a logo design or combining it with other elements.
Register your personal brand trademark by following the steps below.
Decide which name to trademark: full name, stage name, nickname, or title. It is also possible to register multiple names at the same time. We recommend prioritizing the name that your brand uses the most and is recognized by your customers.
Trademark registration is done by specifying the category (classification) of the product or service to be used. For example, choose the category that suits your business, such as Category 35 for consulting business, Category 41 for seminar business, Category 3 for cosmetics, and so on. It is important to select a category with an eye to the business you plan to develop in the future.
Before filing, check whether the same or similar trademark has already been registered. You can search for free on the patent information platform (J-PlatPat), but since determining similarities requires specialized knowledge, we recommend that you request a patent attorney to conduct the search.
We will file an application for trademark registration with the Japan Patent Office. After filing, an examiner will conduct an examination, and if it is determined that the application meets the registration requirements, a decision to register will be issued. It usually takes about 6 to 12 months from application to registration.
Once the registration fee is paid, trademark rights will be granted. The term of trademark right is 10 years, but it is possible to maintain the right semi-permanently by renewing the registration.
Estimated cost:The costs for trademark registration are the stamp fee at the time of application (12,000 yen for 1 category), the stamp fee at the time of registration (32,900 yen for 1 category, for 10 years), and patent attorney fees. The cost will vary depending on the number of categories and the complexity of the brand, so please consult a patent attorney first.
SNS account names and domain names are extremely important assets for personal brands in the digital age. However, simply obtaining an SNS username is not sufficient to legally protect your rights.
If you have registered a trademark, you can legally fight against it in the following situations.
Leaving your personal brand unregistered poses serious risks, including:
Risk 1: Preemption of trademark by third party
If someone else registers your brand name as a trademark first, you may not be able to use that name yourself. Japan's trademark system is based on a "first-to-file" system (those who file first have priority), so even if the name has been used for many years, it will be difficult to claim the right if someone else applies for it first.
Risk 2: Cybersquatting
There are cases where malicious third parties acquire the names of celebrities or famous brands as domain names and sell them at high prices or operate fake websites. If you have registered your trademark, you will have an advantage in domain dispute resolution procedures.
Risk 3: Identity theft
An impersonation account using your name may be created on SNS, and your credibility may be damaged. If you have registered your trademark, you can use it as proof of rights when reporting to the platform, and you can expect a quick response.
Risk 4: Brand theft overseas
When expanding your business overseas, it is not uncommon for your brand name to be registered by someone else locally. Particularly in countries such as China, there are many problems where famous Japanese brands are filed first. Personal brands are at similar risk.
Advantage 1: Obtain legal exclusive usage rights
When you register a trademark, you get the right to use the name exclusively within the scope of the specified product or service. If someone else uses the same or similar name, it can be removed by legal means.
Advantage 2: Improves brand credibility
Being registered as a trademark is a strong proof of brand authenticity. The (R) mark, which indicates a registered trademark, gives a professional impression.
Advantage 3: Possibility of licensing income
You can earn royalty income by licensing your trademark rights to a third party. The scope of your business will expand, such as selling goods and developing collaborative products.
Advantage 4: Gain an advantage in domain disputes
The existence of trademark rights is extremely powerful evidence in domain name disputes. It serves as support for your rights when requesting domain transfer or cancellation.
Advantage 5: Protect your brand semi-permanently
Trademark rights will last semi-permanently as long as you continue to renew them. Unlike patent rights (20 years) and design rights (25 years), it is possible to continue protecting your brand over the long term.
This is a story from when I was a middle school student. At that time, fashion magazines often featured features on A BATHING APE(R). I remember thinking it was so cool that I saved up my New Year's money and went to a shop in Shinsaibashi to buy T-shirts with my friends.
At the time, I didn't know what the (R) meant and thought it was part of the design. For some reason, NIGO (R), the founder of A BATHING APE (R), also has an (R) in his name, which deepens the mystery. I wanted to have my own brand, so I used to draw brand logos in the corners of my notebooks and even put an (R) on them.
Now, as a patent attorney in Osaka, I am helping with the trademark registration that is the basis of the (R). In this era where personal branding is becoming increasingly important, we are very happy to be able to support you in legally protecting your brand.
If you would like to discuss trademark registration for your personal brand, please feel free to contact us. We provide comprehensive support from searching for prior trademarks to filing and registration. The first consultation is free.
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).