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Music festivals, food festivals, art festivals—a wide variety of festivals are held throughout Japan throughout the year. In recent years, festivals have expanded in size and become more branded, and it has become common for festivals to have unique logos, merchandise, and distribute original content.
However, on the other hand, problems related to intellectual property are increasing, such as ``the festival name has been trademarked by a third party,'' ``the design of original goods has been imitated,'' and ``the logo has been used without permission.''
In this article, we will explain the basic knowledge of intellectual property that festival organizers and creators should know, examples of troubles that may actually occur, and a checklist to prepare in advance from a patent attorney's perspective.
Festivals are more than just events. A successful festival has great value as a brand. The name of the annual festival is a symbol of quality assurance for participants, an advertising medium for sponsors, and a tourism resource for the region.
Intellectual property rights are a means to protect this brand value. If you do not properly protect your intellectual property, you are exposed to risks such as:
In order to prevent such troubles and maximize the brand value of your festival, correct knowledge of intellectual property rights and proactive measures are essential.
There are three types of intellectual property rights specifically related to festivals: "trademark rights," "copyrights," and "design rights." We will explain the characteristics of each and specific usage situations at festivals.
Three intellectual property rights related to festivals
1. Trademark rights - protect the festival's "name" and "logo"
Trademark rights are the rights to protect festival names and logos. By filing an application with the Japan Patent Office and registering it after examination, you can prohibit third parties from using the same or similar trademark. This includes the festival name, logo, catchphrase, mascot character name, etc. Trademark rights are valid for 10 years from registration and are renewable.
2. Copyright - Protecting festival "creative works"
Copyright is the right to protect original creative works. Copyrighted works related to the festival include poster and flyer designs, official website content, original songs, photos/videos, stage art, etc. Copyright automatically arises upon creation and does not require registration, but it is important to keep a record of the work in order to prove rights.
3. Design rights - protecting the festival's "design"
A design right is a right to protect the design (shape, pattern, color) of an article. For festivals, this can include merchandise designs (T-shirts, tumblers, tote bags, etc.), distinctive venue layout designs, and custom stage structures. With the revision of the Design Law in 2020, image designs and architectural/interior designs have been added to the scope of protection, expanding the scope of festival-related design protection.
We will explain the intellectual property troubles that can actually occur at festival sites, case by case. Any trouble is not someone else's problem and can be avoided by taking precautions in advance.
⚠️ Trouble example
A case where a completely unrelated third party had first registered a trademark for the name of a local music festival that had been running for five years. The organizers were forced to change the name of the festival, losing the brand recognition they had built up over the years. Additionally, all merchandise and posters produced in the past will no longer be available for use. The principle for trademarks is the first-to-file system, in which the person who files the application first obtains the rights. Even if you were the first to use the name, your rights will not be protected if it is not registered as a trademark.
💡 Beware of the first-to-file principle!
Japan's trademark system adopts a "first-to-file" system. This is the principle that the person who first applies to the patent office can obtain trademark rights, not the person who starts using the trademark first. Once you have decided on a name for your festival, we strongly recommend that you file a trademark application as soon as possible before the festival takes place. Think of the application fee as "insurance" to protect your festival brand.
⚠️ Trouble example
A case where the official festival T-shirt design was sold as a product with a very similar design on an EC site. The original design of the festival should be protected by copyright, but since copyright is a right that protects "expression" rather than "idea", it is difficult to prove copyright infringement if the design is slightly different. Goods designs can be protected even more strongly by registering them in addition to copyrights.
⚠️ Trouble example
A case where a company appeared that used the festival's logo without permission and advertised as if it were a sponsor. Not only will the brand image of the festival be damaged, but there is also the risk that attendees may mistakenly believe that the product is from an official sponsor and purchase it. If you register your logo as a trademark, you can seek an injunction or claim damages against unauthorized use. You can also consider protection under the Unfair Competition Prevention Act.
⚠️ Trouble example
A case where the unique concept of a festival (theme, management style, production method, etc.) is recreated as a very similar festival in another region. Unfortunately, ideas and concepts themselves cannot be directly protected by intellectual property rights. However, it is possible to indirectly suppress imitation by acquiring rights for a combination of specific designs, names, characters, etc. that embody the concept. Strategies to protect intellectual property are important.
We have compiled a list of points you should check to protect your intellectual property from the festival planning stage to after the event. Please refer to the checklist below to check your festival's IP measures.
✅ Check at the planning stage
✅ Goods/design related checks
✅ Content/distribution related checks
✅ Post-event/continuation operation check
Intellectual property protection is an area that requires specialized knowledge. Especially when multifaceted intellectual property is involved, such as a festival, such as name, logo, design, and content, many people may find it difficult to decide where to start.
As intellectual property experts, patent attorneys can provide the following support:
In most cases, it is too late to take measures against festival intellectual property ``after a problem occurs.'' By consulting with a patent attorney from the planning stage, you can minimize risks and maximize brand value.
Please feel free to contact us to protect your festival.
For those who want to protect the intellectual property of the festival
Patent attorneys provide total support from trademark applications, design registration, and copyright measures.
Please feel free to contact us for a free consultation.
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).