Outline of the range where the trademark right does not take effect
If you use your portrait, name, company name, etc. in a commonly used manner, it will not be an infringement of the trademark right (Trademark Law, Article 26, Paragraph 1, Item 1).
It is inconvenient that you cannot use your name or company name just because you have a trademark right.
However, if you use your name or company name as a trademark (for example, in a logo), it is an infringement of the trademark right.
In addition, a trademark that displays a common name or descriptive trademark in a commonly used manner does not infringe the trademark right (Trademark Law, Article 26, Paragraph 1, Item 2).
This is because these labels should be guaranteed to be freely used by producers, sellers and the general public, and are not suitable for a specific person to monopolize as a trademark right from a public interest point of view.
Since such a trademark is originally registered by mistake, a trial for invalidation of the trademark is requested so that the trademark right does not take effect even if the trial decision for invalidation is not finalized. is.
However, if a trademark displaying one's portrait, name, company name, etc. is used for the purpose of unfair competition, the trademark right will be effective (Trademark Law, Article 26, Paragraph 2).
There is no need to protect the act of freeriding the credit embodied in the trademark.
Article (Article 26 of the Trademark Law)
The effect of a trademark right does not extend to the following trademarks (including those that are part of other trademarks).
(ii) A trademark that displays a portrait of oneself or one's name or name or a prominent gagô, stage name or pseudonym, or these prominent abbreviations in a commonly used manner.
(ii) The common name, place of origin, place of sale, quality, raw materials, efficacy, use, shape, method or timing of production or use, and other characteristics, quantity or price of the designated product or similar products, or similar to the designated product. A trademark that displays the common name of the service, the place of provision, the quality, the goods to be provided, the effect, the use, the mode, the method or timing of provision, and other characteristics, quantity or price in a commonly used manner.
(iii) For the generic name of the designated service or similar service, the place and quality of provision, the material to be provided for provision, efficacy, use, mode, method or timing of provision and other characteristics, quantity or price, or the designated service. A trademark that displays the common name, place of origin, place of sale, quality, raw materials, efficacy, use, shape, method or timing of production or use and other characteristics, quantity or price of similar products in a commonly used method.
(iv) Trademarks commonly used for the designated goods or services or similar goods or services.
(v) Trademarks consisting of only the features specified by Cabinet Order among the features that products, etc. naturally have.
(vi) In addition to the trademarks listed in the preceding items, trademarks that are not used in a manner that allows consumers to recognize that they are goods or services related to some business.
2. The provisions of item 1 of the preceding paragraph are for the purpose of unfair competition after the registration of trademark right setting, and for the purpose of unfair competition, the portrait of oneself or one's name or name, a prominent gagô, stage name or pseudonym, or a prominent abbreviation thereof. If used, it does not apply.
3 The effect of the trademark right does not extend to the following acts. However, only if the act is not done for the purpose of unfair competition.
(i) Act on the Protection of Names of Specified Agriculture, Forestry and Fisheries, etc. (Act No. 84 of 2006; hereinafter referred to as the "Act on the Protection of Names of Specified Agriculture, Forestry and Fisheries, etc.") The Specified Agriculture, Forestry and Fisheries Name Protection Act pertaining to the registration of Article 6 of the Specified Agriculture, Forestry and Fisheries Name Protection Act pursuant to the provisions of Article 30 of the Name Protection Act. Specified agriculture, forestry and fishery products, etc. prescribed in Article 2, Paragraph 2 (including agriculture, forestry and fishery products, etc. prescribed in Article 2, Paragraph 1 manufactured or processed using the specified agriculture, forestry and fishery products, etc. pertaining to the registration as the main raw material or material. In the next item and item 3, "specified agriculture, forestry and fishery products, etc. pertaining to registration") or its packaging shall be accompanied by the geographical indication specified in paragraph 3 of the same Article (referred to as "geographical indication" in the next item and item 3). Act
(ii) Specified Agriculture, Forestry and Fisheries Name Protection Law, Article 3, Paragraph 1 of the Specified Agriculture, Forestry and Fisheries Products, etc. The act of exporting or importing
(iii) Display or distribute advertisements, price lists or transaction documents related to specified agriculture, forestry and fishery products, etc. related to registration pursuant to the provisions of Article 3, Paragraph 1 of the Specified Agriculture, Forestry and Fisheries Products Name Protection Law with geographical indications, or these. The act of providing geographical indications to the information contained in the content by an electromagnetic method.
