Points to know about trademark registration of stage name/artist name

Things to know about trademark registration of stage name/artist name

Stage names and artist names are often trademarked as brands of individuals or groups, but there are some points that you need to be careful about. This article explains important points to note when registering a stage name or artist name as a trademark.

Points to note when registering a stage name as a trademark

As a general rule, stage names can be trademarked, but the treatment differs depending on whether they are "real names" or "non-existent names."

• In the case of an existing name: It will be treated the same as a normal person's name, and the consent of the person will be required for registration.
• In the case of a name that does not exist: If the name is the same as or similar to another person's famous stage name, pseudonym, or pseudonym, trademark registration will not be allowed even if the name is the same (Article 4, Paragraph 1, Item 8 of the Trademark Law).

Case of stage name registration trouble (Kiyoshi Hikawa case)

Trouble regarding trademark registration of stage names often occurs. Recently, a case in which singer Kiyoshi Hikawa's nickname ``Kiina'' was filed as a trademark by her former agency (Nagara Productions Co., Ltd.) has become a hot topic.

Patent rights cannot be registered without Kiyoshi Hikawa's consent (Article 4, Paragraph 1, Item 8), and we have determined that the trademark application is for the purpose of preventing independence, and have refused trademark registration as a "violation of public order and morals" (Article 4, Paragraph 1, Item 7). As can be seen from this case, when registering a stage name as a trademark, the individual's consent and the validity of the application purpose may be questioned.

Problems with stage name registration in the past

There have been many troubles in the past regarding stage name registration between celebrities and their agencies, such as ``Ai Kago'' and ``Rena Nounen.'' Celebrities tend to be more like sole proprietorships, so registering your stage name as a trademark in advance can help you avoid trouble.

Especially in this day and age where personal communications such as YouTube and TikTok are popular, it is recommended that individuals proactively consider trademark registration.

Specialities of trademark registration of artist name (music group/singer name)

Registering a trademark for a music group name or singer's name requires slightly different precautions than for general stage names.

Once a trademark has become well-known to a certain extent, it may be judged that the trademark merely indicates the quality of the product or service, and it may become difficult to register the trademark (Article 3, Paragraph 1, Item 3 of the Trademark Law). This is because the name of a specific singer or group can be interpreted as a word used to describe the content of the product.

For example, there is a case where the name of the popular American singer "LADY GAGA" could not be registered as a trademark in product categories such as records and music files. In this case, the Intellectual Property High Court ruled that ``the name indicates quality (content), so it cannot serve an identifying function.''

Practical advice when considering trademark registration

• If you want to use your stage name or artist name for business, register it as a trademark as soon as possible.
• It is important to file an application and clarify your rights before registration becomes difficult.
• Consult with an expert (patent attorney) to see if there are any problems during registration and develop an appropriate strategy.

Please also refer to the article below regarding trademark registration as a personal brand.

About personal branding and trademark registration

Please feel free to contact us for any consultations or inquiries regarding trademark registration.