In Japan, the amendment to the Trademark Act that came into effect on April 1, 2015 added five "New Types of Trademarks" -- sound marks, color marks (consisting solely of colors), motion marks, position marks, and hologram marks -- to the scope of protection, in addition to the conventional categories of characters, figures, symbols, and three-dimensional shapes. This was a groundbreaking legislative reform responding to the era of increasingly diverse corporate branding methods.
However, new types of trademarks are also known for their extremely high barriers to registration. Color marks consisting solely of colors, in particular, saw only a handful of registrations in the first several years after the system was introduced. Yet once registration is successfully obtained, they become a powerful weapon for brand defense that competitors cannot imitate. This article provides a thorough explanation of the characteristics, specific examples, benefits of acquisition, and key examination points for each of the five new types of trademarks, along with practical guidance on how to leverage them in business.
Table of Contents
The five new types of trademarks added by the 2015 legislative amendment differ significantly from one another in terms of what they protect and how applications are filed. Let us examine the definition, characteristics, and notable registered examples for each type.
What Is a Sound Mark?
A sound mark is a trademark that protects brand elements perceived through the sense of hearing, such as music, voices, and natural sounds. Examples include commercial sound logos, startup sounds, and sound effects. When filing an application, both a musical score on a staff notation and an audio file (MP3, etc.) must be submitted.
Notable Registered Examples:
Among the five new types, sound marks have the highest number of registrations. Sound logos that have been used in television and radio commercials for many years tend to have their distinctiveness recognized more easily due to high consumer awareness. However, very short sounds (one to two notes) or commonplace melodies (such as a simple ascending do-re-mi scale) may have their distinctiveness denied.
What Is a Color Mark Consisting Solely of Colors?
A color mark is a trademark that identifies the source of goods or services through color itself (a single color or a combination of colors) without any accompanying characters or figures. When filing an application, a color sample and a description specifying the color (such as Munsell values) must be included.
Notable Registered Examples:
Color marks consisting solely of colors are considered the most difficult to register among the five types. Since colors should, in principle, be freely available for anyone to use, granting exclusive rights over a particular color to a specific party requires careful judgment. Accordingly, it is generally necessary to demonstrate acquired distinctiveness through use (secondary meaning). Applicants must prove through consumer surveys and similar evidence that consumer awareness has reached a level where "seeing this color immediately brings to mind that company."
What Is a Motion Mark?
A motion mark is a trademark that protects the manner in which characters, figures, or other elements change over time. Examples include animations in which a logo transforms and visual patterns that unfold on screen. When filing an application, multiple images showing each stage of the motion (frame-by-frame) and a description of the motion must be included.
Notable Registered Examples:
Motion marks are a trademark type unique to the digital age. They can protect "moving logos" that repeatedly catch consumers' attention -- including website loading animations, app startup screens, and television commercial opening sequences. The greatest appeal is the ability to secure exclusive rights over dynamic brand elements that static trademarks alone cannot adequately protect. When filing an application, still images from each point in the motion sequence (typically around five to six frames) must be submitted, and the detailed description of the trademark must explain the manner of the motion in writing.
What Is a Position Mark?
A position mark is a trademark that derives its distinctiveness from the placement of a sign at a specific location on goods or other items. Even if the sign itself lacks distinctiveness, it may be protected when "being placed at that specific location" serves as a brand identifier. When filing an application, a diagram identifying the location where the sign is placed and a description of the position must be included, with areas other than the trademark position shown in dashed lines.
Notable Registered Examples:
The key concept of position marks is the idea of protecting "where" rather than "what." For example, while a stitch design on jeans pockets may be commonplace in itself, "being applied in a specific pattern at a specific location on the back pocket" serves as a brand identifier. In the fashion and sporting goods industries, there are many cases where brand identity is established by placing design elements at specific locations on products, and position marks serve as an effective legal means to protect such branding strategies.
What Is a Hologram Mark?
A hologram mark is a trademark that protects signs in which characters or figures change depending on the viewing angle, utilizing holographic technology. Typical examples include security holograms on credit cards and hologram stickers affixed to product packaging. When filing an application, multiple images showing different appearances at various angles and a description of the hologram must be included.
Notable Registered Examples:
Hologram marks are a trademark type that combines both anti-counterfeiting and brand identification functions. They are particularly utilized in the credit card industry, software license verification, and authentication of genuine products for luxury brands. As technology advances, more complex and sophisticated hologram expressions are becoming possible, and the importance of hologram marks as a means of brand protection is expected to grow even further in the future.
Five New Types of Trademarks -- Comparison Table
| Type | Subject of Protection | Required for Application | Registration Difficulty | Notable Examples |
|---|---|---|---|---|
| Sound Mark | Music, voices, natural sounds | Staff notation + audio file | Medium | Hisamitsu Pharmaceutical, Intel |
| Color Only | Single color or color combination | Color sample + Munsell values | Extremely High | MONO eraser, Seven-Eleven |
| Motion Mark | Appearance changing over time | Frame-by-frame images + description of motion | Medium to High | 20th Century Fox |
| Position Mark | Sign placed at a specific location | Position-identifying diagram (dashed lines) + description | Medium to High | Edwin, Adidas |
| Hologram | Display that changes with viewing angle | Multiple images at different angles + description | Medium | Visa, Mastercard |
While new types of trademarks have high barriers to registration, successfully obtaining one confers unique advantages unavailable with conventional trademarks. Here we explain three major business benefits.
Branding That Appeals to the Senses
Conventional word marks and logos are recognized through the processes of "reading" and "seeing," but sound marks and color marks have the power to trigger brand recall instantly and subconsciously. For instance, Intel's five-note jingle evokes "Intel" in the minds of consumers worldwide in just three seconds. Similarly, seeing a Tiffany Blue box immediately communicates "Tiffany" without needing to read the brand name. Such intuitive and sensory brand recognition constitutes an extremely significant competitive advantage in today's information-saturated society. In an era of social media where even the time to read text is precious, the value of conveying a brand instantly through sound, color, or motion is immeasurable.
Robust Defense Against Counterfeits and Imitations
With word and logo trademarks alone, there are cases where sophisticated free riding -- where competitors "change the text but mimic the color scheme or melody" -- cannot be fully prevented. By obtaining new types of trademarks, exclusive rights are established over the brand elements themselves -- color, sound, motion, and position -- significantly narrowing the scope for imitation. For example, if an eraser's blue, white, and black stripe is registered as a color mark, trademark infringement can be asserted when a competitor uses a similar color arrangement. This is a means of achieving comprehensive brand defense that cannot be obtained through word marks or logos alone.
The Impact of Being "First in the Industry"
Because new types of trademarks still have relatively few registrations, obtaining one in itself constitutes significant PR material. Press releases announcing "the industry's first sound mark" or "the Nth color mark registration in Japan" tend to attract media attention and serve as an excellent opportunity to demonstrate a brand's innovativeness and uniqueness. In practice, Tombow Pencil's color mark registration for the MONO eraser and Hisamitsu Pharmaceutical's sound mark registration were featured by numerous media outlets, creating a virtuous cycle where the trademark registration itself generated advertising value. For startups and direct-to-consumer brands in particular, this can be a strategic option for maximizing brand awareness with a limited advertising budget.
When filing applications for new types of trademarks, the greatest hurdle is the requirement of "distinctiveness". Distinctiveness refers to the ability of consumers who see (or hear) a trademark to recognize it as belonging to "a specific business's goods or services." Here we explain concrete methods for overcoming the distinctiveness barrier.
Note: The majority of refusals are based on "lack of distinctiveness"
The most common ground for refusal of new types of trademarks is Article 3, Paragraph 1, Item 6 of the Trademark Act: "trademarks by which consumers are unable to recognize the goods or services as being connected with the business of a specific person." In other words, these are cases where the examiner determines that "merely hearing that sound (or seeing that color, motion, etc.) does not enable identification of which company's goods or services it belongs to." In particular, commonplace melodies, generally used colors, and decorative motions are likely to be refused on the grounds that they inherently lack distinctiveness.
The items under Article 3, Paragraph 1 of the Trademark Act enumerate categories of trademarks considered to lack distinctiveness. For new types of trademarks as well, the primary point of examination is whether the trademark is recognized by consumers as indicating the source of goods or services. For word marks, typical examples of denied distinctiveness include "generic names" and "descriptive expressions," whereas for new types of trademarks, "commonplace sounds," "general colors," and "decorative motions" correspond to these.
Even trademarks that are initially considered to lack distinctiveness may be registered under the provisions of Article 3, Paragraph 2 of the Trademark Act, if through long-term use, consumers have come to recognize them as "that company's product." This is called secondary meaning.
For new types of trademarks -- particularly color marks consisting solely of colors -- proving secondary meaning has become a de facto registration requirement. In the JPO's examination practice, cases where a filed color inherently possesses distinctiveness are virtually never assumed, and in most cases, application of Article 3, Paragraph 2 -- namely, acquisition of distinctiveness through use -- is required.
The following factors are comprehensively considered in proving secondary meaning:
Among the five new types, color marks consisting solely of colors are exceptionally difficult to register. The reason is clear: colors are a finite resource, and granting monopoly rights over a color to a specific party would unfairly restrict other businesses' ability to freely use colors (the Color Depletion Theory).
Therefore, in the examination of color marks, merely "having used it for many years" is insufficient; what is required is a level of recognition where "seeing that color alone brings a specific business to mind." It took approximately two years from the system's launch for the first color mark to be registered, and even now, the number of registrations remains extremely small compared to other types.
Consumer surveys can be a "trump card"
One of the most powerful pieces of evidence for proving secondary meaning is a consumer survey. To persuade JPO examiners that "this color (sound, motion, etc.) is recognized among consumers as an identifier of a specific business," objective data is indispensable. In surveys, color samples or audio recordings are presented to the target consumer demographic for the goods in question, with the question "Can you identify which company's product this is?" It is important to achieve a sufficiently high correct response rate. It is recommended that surveys be commissioned to a third-party organization (research firm) to ensure the objectivity and fairness of the methodology.
A wide range of evidentiary materials are effective for proving secondary meaning. The main categories of evidence are summarized below.
Evidence Effective for Proving Secondary Meaning
It would be a waste to merely "register and hold rights" to new types of trademarks. By actively leveraging them across digital marketing, store design, and UI/UX, you can maximize brand value.
Strengthening Branding in the Social Media Era with Sound, Motion, and Color
In social media video advertisements and YouTube content, sound logos registered as sound marks are extremely effective. TikTok and Instagram Reel videos require capturing viewers' attention within the first few seconds, and a well-recognized sound logo becomes a powerful weapon for breaking through this "opening barrier."
Motion marks can be utilized in website loading animations and app startup screens. Like Netflix's "N" logo animation that unfolds, protecting dynamic brand elements that consumers encounter every time they use a service safeguards the brand experience in the digital space.
Color marks are most effective when combined with a unified brand color strategy for social media accounts. An increasing number of brands are unifying their entire Instagram feed with a specific color palette, and if that color scheme is trademark-registered, it can also be used to eliminate copycat accounts.
Building Brand Spaces Unified Across the Senses
In brick-and-mortar business, color marks directly protect brand colors used in store exteriors and interiors. For instance, if the distinctive signage colors of a convenience store chain or the characteristic color scheme used in a restaurant chain's store design are trademark-registered, rights can be enforced against competing stores using similar color arrangements.
Sound marks can be utilized as in-store background music or entry sounds. If sound branding -- where consumers recognize the brand through a particular melody -- can be legally protected, it becomes possible to prevent competing stores from employing similar audio production.
Position marks are effective for protecting design elements on product packaging and uniforms. For example, by registering as a position mark a logo pattern placed at a specific location on a coffee cup or a design element at a specific location on staff uniforms, a brand's visual identity can be comprehensively protected.
Protecting the Brand Experience of Digital Products
In app and web service UI/UX, motion marks bring revolutionary possibilities for protecting interaction design. App launch animations, screen transition effects, notification animations -- "motions" that users experience repeatedly can be protected as brand elements.
Sound marks can be used to protect app notification sounds and operational feedback sounds. Cases where sound itself symbolizes a brand -- such as LINE's notification sound or the iPhone's unlock sound -- are increasing. By registering such sounds as trademarks early, differentiation from competing services can be legally secured.
Hologram marks are attracting attention as a means of brand protection in digital spaces, alongside the spread of AR (augmented reality) technology. Brand logos that change depending on the viewing angle in AR, holographic authentication marks affixed to virtual products -- hologram marks are also an effective option for brand protection in the metaverse era.
New types of trademarks involve more complex application documentation compared to conventional trademarks, and highly specialized knowledge is required during examination. Here we explain three reasons why engaging a patent attorney is advisable.
New types of trademarks are a domain where assessing registrability itself is inherently difficult. "Can this color be trademark-registered?" "Will this melody be recognized as having distinctiveness?" -- Such judgments require the expertise of a patent attorney who is thoroughly versed in examination standards, examination practices, and past trial decisions. Patent attorneys evaluate registrability at the pre-filing stage and provide advice to avoid unnecessary filing expenses. If registration is deemed unlikely, they can also propose modifications to the trademark's form or offer guidance on whether it is feasible to prove secondary meaning.
Application documents for new types of trademarks differ significantly from those for conventional trademarks. For sound marks, preparation of a musical score and an audio file is required; for motion marks, creation of frame-by-frame images and a written description of the motion; for position marks, preparation of a position-identifying diagram using dashed and solid lines. These documents must strictly comply with JPO formatting requirements, and any deficiencies will result in amendment orders or notices of reasons for refusal. Patent attorneys possess the know-how for proper document preparation corresponding to each type, ensuring a smooth application process.
Because new types of trademarks have a high refusal rate, the response after receiving a notice of reasons for refusal (submission of written opinions and amendments) is critically important. Particularly in cases where proof of secondary meaning is required, the decisive factor is how to organize evidence and persuade the examiner. Patent attorneys formulate effective rebuttal strategies based on past successes and failures, and also advise on methods for collecting the necessary evidence. By involving a patent attorney from the survey design stage, it becomes possible to systematically prepare evidence that will be effective during examination.
The five new types of trademarks -- sound, color, motion, position, and hologram -- added by the 2015 legislative amendment are a groundbreaking system for legally protecting brand elements that could not be adequately covered by conventional word marks and logos alone. While the barriers to registration are by no means low, once obtained, they enable the exclusion of competitor imitation and legally protect intuitive brand recognition.
The strength of new types of trademarks lies in their ability to be leveraged across every touchpoint of the brand experience -- digital marketing, store design, UI/UX, and beyond. Particularly as digitalization and the metaverse continue to advance, the protection of non-visual and dynamic brand elements such as sound, motion, and holograms will only grow in importance.
If you are considering filing applications for new types of trademarks, please consult with a patent attorney. We provide comprehensive support -- from preliminary registrability assessments and preparation of specialized application documents to strategic responses to notices of reasons for refusal.
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