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Table of Contents 1. Importance of trademark registration certificate in Vietnam 2. Differences...
Table of Contents
1. Is trademark registration really necessary?
"Do you always have to get trademark rights? It would be a waste to have the money to get the rights, and if the rights holder says something about it, then I guess I should just stop selling it..."
We often receive questions like this. Indeed, it may be possible to keep the damage to a minimum by ceasing business operations after receiving a warning letter.
But that's slow. All the capital invested in the business (advertisement costs, packaging production costs, promotional costs, etc.) until thereception is received will be wasted. Moreover, it is not constructive at all from a brand protection perspective. Obtaining trademark rights is essential to protect your brand.
Specific example:A restaurant chain had been in business for five years without registering its store name as a trademark, but it turned out that another company with the same name had obtained the trademark first. As a result, we incurred significant costs in replacing signage, reprinting menus, changing our website, and educating our customers. This situation could have been prevented if the trademark had been obtained in advance.
2. What is a brand? - Whiskey barrel parable
What is a brand anyway? Let's consider an easy-to-understand example.
A, B, and C each own 10 barrels of whiskey. If these 30 barrels are stored in the same place without any markings, it will be difficult to tell which one belongs to whom.
If you mark the barrels with "A", "B", and "C", you can easily identify them at a glance. At first, it was just a mark for identification, but eventually it turned into something that indicatedindividuality, such as ``A's whiskey is mellow and full-bodied,'' ``B's is smoky,'' and ``C's have a strong flavor.''
This "individuality" is what makes a brand. A brand represents a producer's "commitment" to a product or service, the "individuality" that shows a consistent attitude toward a product, and the "promise" (trust) to customers.
What would happen if the brand name kept changing? If "A" suddenly changes to "α", customers who are looking for a mellow whiskey will be confused as to whether it is the same product or not. Changing a brand name is not only unfavorable for businesses, but also for customers (demanders) and markets (traders).
Individuality and credibility are invisible. Thevisualization of these is a "trademark." In business, by protecting the ``marks'' (trademarks) that show that you are the brand that you have built, you can protect your individuality and trustworthiness (brand).
*Etymology of "brand": Origin of branding to distinguish one's own livestock from other people's livestock. "Brandr", which means to brand something with a branding iron, came to be called "brand".
3. Two big benefits of acquiring trademark rights
There are two main benefits to acquiring trademark rights to protect your brand.
| Advantage 1: Ensuring free use | Advantage 2: Preventing unauthorized use by others |
|---|---|
| Secure the rights to continue using the trademark freely | You can legally prevent others from using the same trademark without permission |
| Prevent the risk of becoming unable to use it if someone else acquires it first | Preventing brand damage caused by inferior counterfeit products |
Advantage 1: You can use the trademark freely
Trademark rights are "first come, first served". Under Japanese trademark law, rights are granted to the person who first files an application with the Patent Office (first-to-file system). Even if you have a track record of using your trademark, if it is registered as a trademark by someone else, you will no longer be able to use it freely.
If the rights have been taken by someone else, if you continue to use the same trademark, it will be an infringement and you may be required to pay damages. If you are forced to change your name, you will lose the recognition and brand value you have built up to that point.
Specific example: A popular product name on an e-commerce site was not registered as a trademark, but a competitor registered the same name as a trademark first. As a result, there have been cases where we have been forced to change the product name and lost search rankings and repeat customers.
Advantage 2: To prevent others from using the trademark without permission
If the quality of someone else's product with the same trademark is poor, customers will be misled into thinking that your own products, which are genuine products, are also of poor quality. The trust that has been built over many years can be eroded and the brand can be destroyed.
A brand is an accumulation of trust. Continuing to use thesame trademark builds trust. By acquiring trademark rights, you can take legal action against counterfeit or similar products and protect the brand value that you have built over many years.
4. Trade name (the company name) is also a trademark
I explained that a trademark is a "landmark." Just as a company name such as SONY or Panasonic brings to mind the characteristics and individuality of the product just by hearing the name, the trade name (company name) can also be considered a trademark.
Register your company name as a trademark. Company names appear more frequently than individual product names, making it especially necessary to obtain trademark rights. A trade name, which is the "face" of a company, is a top priority for brand protection.
*What is a trademark right? It is a right to protect the "trust" embodied in the "mark (symbol mark)" that indicates that the product or service is your company's.
5. Summary - Protect your brand with trademark registration
The meaning of acquiring trademark rights can be summarized in the following two points.
- Enable oneself to freely use the trademark (corresponding to the first-to-file principle)
- Preventing others from using trademarks without permission to protect brand value (trust protection)
Brand is a company's important asset. Why not consider registering your trademark when starting a business or when developing new products or services? Early filing greatly reduces future risks.
6. Contact us
Consultation on trademark registration and brand protection
For inquiries regarding trademark registration and brand protection, please feel free to contact our patent attorneys.
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).
