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Things to know about trademark registration of stage name/artist name Stage names and artist names...
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``What if one day, someone suddenly takes away the name of my activity that I have been using with great affection for many years?''
``What if I am told that if I quit my agency, I will no longer be able to use my stage name?''
Celebrities, YouTubers, VTubers, livers, influencers...
In an age where an individual's name itself has influence, your stage name (activity name) is the greatest asset (brand) in your life.
However, the risk is maximized when the activities are on track and the number of fans increases.
“Suddenly, I was told by a stranger that I was infringing on my trademark rights.”
“My name was being used without permission on inferior goods that had nothing to do with me.”
These problems are never someone else's problem. This is a reality that many creators face, sometimes forcing them to suspend their activities or change their names.
In this article, a patent attorney who specializes in intellectual property in the entertainment field will thoroughly explain the necessity of registering stage name trademarks. Why we should do it now, what will happen if we don't do it, and even our rights with the agency. Please read this book to the end as it will help you protect your future.
Table of Contents
- 1. In the first place, aren't "stage names" protected by copyright?
- 2. Three benefits of registering a stage name as a trademark
- 3. [Be careful] Risks and countermeasures specific to YouTubers and VTubers
- 4. Are you affiliated with an agency or an individual? “Attribution of rights” issue
- 5. Which "category" should I register? How to choose without making mistakes
- 6. What names cannot be trademarked? (Reasons for refusal and countermeasures)
- 7. "Address disclosure" problem and countermeasures for individual creators
- 8. Cost and registration process
- 9. Why should you hire a "patent attorney"?
- 10. Frequently asked questions (FAQ)
1. In the first place, aren't "stage names" protected by copyright?
One of the misconceptions that many creators have is that ``the name is something I came up with, so it must be copyrighted.''
In conclusion, "short words" such as stage names, titles, and catchphrases are not copyrightable in principle.
Copyright law is a law that protects "creative expressions of thoughts and feelings (=works)." Novels, music, and paintings are protected, but stage names with only a few letters are not considered to be "creative expressions" (they are considered commonplace), so they are usually not protected by copyright law.
In other words, no matter how much effort you have put into coming up with a unique name, it is legally very difficult to insist that you do not use it without permission based on copyright.
This is where "trademark rights" come into play.
By registering a trademark, you will have the ``exclusive right'' to use the name in a specific genre (product or service).
Trademark registration is the only and most powerful legal means to protect your name.
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2. Three benefits of registering a stage name as a trademark
It's dangerous to put it off and think, "It's not that famous yet..." This is because there is an absolute rule in trademark registration: "First come, first served." Here, we will explain three major benefits that can be obtained by acquiring trademark rights.
Advantage 1: Elimination of "hijacking" and "copying" by others
Japan's trademark system employs the first-to-file system.
This is a strict rule in which the right holder is determined not by ``who started using the product first,'' but by ``who filed the application with the patent office first.''
In recent years, the problem of "trademark trolls" (rash registration), where unrelated third parties apply for and register trademarks of names that have become a hot topic on YouTube or SNS without permission, has become increasingly serious.
If someone else takes over your trademark rights, the following risks will occur.
- Name suspension request:You will be forced to delete your videos or change your channel name.
- Claim for damages:Money, including past usage, will be demanded.
- Demand for high license fee:Threat: ``If you want to continue using it, you have to pay money every month.''
If you register your trademark yourself, you can prevent such attacks and, conversely, legally prevent others from engaging in opportunistic marketing (copywriting) using a similar name.
Advantage 2: Avoiding "account ban" on the platform
Major platforms such as YouTube, X (formerly Twitter), Instagram, and TikTok have very strict policies (such as safe harbor compliance) against trademark infringement.
If a malicious third party acquires the trademark rights to your name and reports "rights infringement" to the platform, in the worst case scenario, your account will be suspended (BAN).
Imagine the risk that the number of followers and video archives you have built up over the years will disappear in an instant. For Internet users, an account is a ``store'' itself.
If you own your own trademark rights, you will have a strong argument against these unfair reports, and you can ensure the safety of your account.
Advantage 3: Improving brand value and business development
When concluding a contract with a company for tie-up projects, media appearances, publishing, etc., knowing that the rights are clear (trademark registered) gives the other company a great sense of security.
Trademark rights will also be an essential weapon when launching your own apparel brand or selling collaborative goods in the future.
By making your name a legally protected asset, your business possibilities will greatly expand.
3. [Be careful] Risks and countermeasures specific to YouTubers and VTubers
People who work mainly on the Internet have unique risks that are different from those of traditional performers.
VTuber's "name" and "avatar"
For VTubers (virtual YouTubers), "character design (copyright)" and "name (trademark rights)" are separate rights.
Even if you have received the copyright transfer of the character from the artist, if the trademark rights to the name are not registered, there is still a risk that someone will take away the name.
In addition, since VTubers are active in a wide range of areas, it is necessary to protect their rights from multiple perspectives, including not only ``video distribution (Class 41)'' but also ``selling goods using avatars,'' ``creating game applications,'' and ``activities on the Metaverse.''
Lessons from the "slow farce" riot
As many of you may remember, there was a case where a name that had been established as a shared culture on the Internet was registered as a trademark by a third party, causing a huge uproar.
Although this case was ultimately abandoned, it made the world aware of the fact that ``a name that is not registered as a trademark is at risk of being monopolized by someone else,'' rather than ``it's okay because it's a name that everyone knows.''
One day, your activity name suddenly becomes unusable - the only way to prevent such a situation is to own the rights.
4. Are you affiliated with an agency or an individual? “Attribution of rights” problem
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The most troublesome issue in entertainment activities is Which agency or individual owns the trademark rights?
Pattern A: When the office has the rights
Generally, when an agency sells a talent by paying promotion costs, trademark rights are often acquired in the agency's name.
- Advantages: No application fees or hassle of renewal management.
- Risk: When you leave the agency or become independent, there is a high possibility that you will no longer be able to use your stage name (you will be forced to change your name).
In the past, there have been many cases in which former members of national idol groups and famous actresses were unable to use their real names or familiar stage names after starting their own agency, and were forced to change their names and continue their activities.
Pattern B: When the person has the rights
- Advantages: Even if you change offices, you can keep your name and work freely. Become your own asset.
- Risk: Costs will be incurred. Contract negotiations with the agency are required.
Advice from a patent attorney: Check the contract!
In recent years, based on the opinions of the Fair Trade Commission, contracts in which firms use their superior position to unilaterally bind rights are being reconsidered.
If you are about to join our office or have your contract renewed, we strongly recommend that you check the following points before signing the contract.
- Where does the trademark right belong?
- How will the stage name be handled after the contract ends?
Even if you decide to use the name of an office, you can protect your future activities by including clauses such as ``the trademark rights will be transferred to the owner after leaving the company'' and ``normal usage rights will be granted even after becoming independent.'' Please consult a patent attorney specializing in intellectual property for backup in these contract negotiations.
5. Which "category" should I register? How to choose without making mistakes
When registering a trademark, it is necessary to specify "which product or service the name will be used for." This is called“classification”.
If you make a mistake here, you will end up with a failure such as ``I got the trademark, but I couldn't stop selling the goods.''
The main categories required for entertainment activities are as follows.
| Border | Specific content | necessary |
|---|---|---|
| Class 41 | [Education/Entertainment] Providing entertainment activities, concerts, YouTube video distribution, holding seminars, providing blogs, etc. |
[Required] This is the most important classification to protect the activity itself. |
| Class 9 | [Machine equipment (electronic data)] CDs, DVDs, downloadable music/video/image files, e-books, NFTs, etc. |
[Important] Required if you sell and distribute digital content or sell voice. |
| Class 35 | [Advertisement/Management] Management of fan club, advertising of other companies' products (influencer activities), online shop management. |
[Recommended] You should acquire it if your activity scale is large and you have a fan club or shop. |
| Class 16 | [Paper products] Photo books, posters, calendars, magazines, stickers, stationery, etc. | Required when selling paper products and stationery as goods. |
| Class 25 | [Clothing] Apparel products such as T-shirts, hoodies, caps, and costumes. |
Required if you plan to make apparel goods (T-shirts, etc.). |
Rather than simply deciding "just Class 41 for now," you need to strategically choose a classification based on what kind of goods you want to release in the future and what kind of business development you are thinking about (apps? food collaborations? cosmetics?).
6. What names cannot be trademarked? (Reasons for refusal and countermeasures)
Submitting an application does not guarantee 100% registration. There is the hurdle of strict examination by the Patent Office. Examination standards are particularly strict when it comes to "person's name", and there are many cases where individuals apply and fail.
① Common name (Trademark Law Article 3, Paragraph 1, Item 4)
Under the Trademark Law, in principle, "common names" cannot be registered.
For example, common surnames such as ``Tanaka'' and ``Sato'' and common full names such as ``Ichiro Suzuki'' are considered not to be monopolized by one person (everyone should use them).
[Countermeasures] It is necessary to prove that the name is ``nationally famous as a stage name,'' or ``design it as a distinctive logo'' before registering.
② If the name of another person is included (Article 4, Paragraph 1, Item 8 of the Trademark Law)
This is the biggest difficulty in registering a stage name. If a trademark includes the name of another person (including a famous stage name), it cannot be registered without the consent of the person in question.
This is a regulation to protect the moral rights of "other people with the same last name". In other words, if your real name or stage name happens to be the same as someone else (even if they are not famous), your registration may be refused.
[Countermeasure] If it is a completely created word (unique name), it will be easier to register. When using an existing name, professional investigation and judgment by a patent attorney is essential.
③ Violation of public order and morals (Article 4, Paragraph 1, Item 7 of the Trademark Law)
Extreme names, names with discriminatory meanings, anti-social words, etc. cannot be registered as they will harm public order and morals.
7. "Address disclosure" problem and countermeasures for individual creators
When YouTubers and VTubers register trademarks as individuals, the biggest concern is ``disclosure of address and name''.
When you file a trademark application, its contents will be published as a "trademark bulletin" and anyone can search and view it on databases such as J-PlatPat (patent information platform). The name and address of the rights holder (you) will be listed here.
For individual creators who work from their home and office, this poses a serious risk of being found out.
How can I prevent this?
Unfortunately, for procedures with the Japan Patent Office, address information is required, and as a general rule, it is not possible to refuse publication in the gazette. However, some workarounds are possible.
- Using a virtual office
This is a method of renting a virtual office address where mail can be reliably received and using it as the applicant's address. (*You will receive important documents from the Patent Office, so you need a reliable forwarding service, etc.) - Incorporate and file under the corporate name
This is a method of establishing an "asset management company (micro corporation)" and filing under the corporate name. In this case, the representative's home address will not be listed in the trademark gazette (it will be listed in the corporate registry, but the search hurdle will be one step higher).
*Some people have the misconception that "If I ask a patent attorney, won't my address be revealed?" However, even if you use an agent (patent attorney), the address and name of the right holder will be published in the official gazette. Please feel free to consult with us regarding the optimal scheme for securing rights while protecting privacy, as this will depend on each individual situation.
8. Cost and process of registration
We will give you an estimate of the cost and time required for general trademark registration.
Duration
- Examination period: Approximately 6 to 10 months
Depending on the congestion of the patent office. If you use the "Early Examination System", you may be able to shorten the time to about 2 to 3 months (requirements apply).
Estimated cost (for 1 category/5 year registration)
The cost of trademark registration is the total of "stamp fee to the patent office (tax to the country)" and "remuneration to the patent attorney."
(*The following is the market price of a general patent office)
- Investigation cost: 10,000 to 30,000 yen (some offices are free)
- Application fee:
- Patent Office stamp fee: 12,000 yen
- Patent attorney fees: around 30,000 to 80,000 yen
- Registration fee:
- Patent Office stamp fee (5 years): 17,200 yen
- Patent attorney fees: around 30,000 to 80,000 yen
The total price is around 100,000 yen to 200,000 yen per category.
It may seem expensive, but considering that you get the exclusive right to protect your name for 10 years, the insurance costs about 1,000 to 1,500 yen per month.
Compared to the court costs of hiring a lawyer after a problem occurs, and the amount of damage caused by brand damage due to a name change (cost of replacing a signboard), this is an extremely cost-effective investment.
9. Why should you hire a "patent attorney"?
Recently, there are AI services that allow you to apply online at a low cost, and you can also fill out the documents and apply by yourself. However, when it comes to stage names, we strongly recommend that you consult a professional patent attorney. There are three reasons for this.
Reason 1: "Ability to argue" to pass examination
As mentioned above, personal names are a category in which it is easy for the Japan Patent Office to say that they cannot be registered (notice of reasons for refusal) because they are a common name or someone else's name.
When applying based on AI or amateur judgment, it is easy to give up at this point. However, if you are a patent attorney, you can create a legal opinion stating that ``this name has such distinctive power'' or ``this name has a different personality,'' and can persuade the examiner and lead to registration. This“know-how to overcome rejection”is the value of an expert.
Reason 2: "A good eye for classification" to protect your business
The activities of YouTubers and influencers are diverse, and there are cases where it is inappropriate to fit them into existing classification frameworks.
Which category is “throwing coins”? What is "Online Salon"?
It is the strength of an expert to be able to respond to these latest business models and propose the optimal classification structure to ensure that no rights are left out.
Reason 3: Advice on contract troubles
In addition to trademark registration procedures, we can provide total support, including checking intellectual property provisions in contracts with offices and responding to warning letters received from other companies.
10. Frequently asked questions (FAQ)
Q. Should I register my real name as a trademark?
A. Yes, we recommend registering if you are operating under your real name and have established a business. However, it is difficult to register common names, so strategies such as creating a logo are required.
Q. Are the rights valid overseas?
A. No, Japanese trademark rights are valid only within Japan. If you plan to launch full-scale activities overseas or conduct cross-border e-commerce overseas, you will need to register an international trademark (such as a MadPro application) in the target country.
Q. How long does it take to register?
A. Usually it takes about 6 months to 1 year. However, this will vary depending on the examination status of the Patent Office. If you are in a hurry, you can also consider using "Early Examination".
Summary: Only you can protect your name
Your stage name or activity name is the fruit of your talent and efforts, and is an important "face" that connects you with your fans.
Losing your name or having it tarnished by someone just because you didn't know it is the greatest loss for a creator.
It's too late to do it after you become famous.
Before someone targets you and before you get into trouble.
Why not start by consulting with an expert to find out whether your name can be registered and what category you need?
At our office, we focus on trademark registration support for the entertainment industry and individual creators.
We provide easy-to-understand and thorough support for complex rights relationships. Please feel free to contact us as a partner who will protect your dreams from legal aspects.
Click here for free consultation for trademark registration
A patent attorney will propose the optimal plan according to your activity status.
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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