Overview of the regional collective trademark system
The regional collective trademark system is to register a character trademark consisting of "region name" + "product (service) name" as a regional collective trademark when it becomes known at the level of neighboring prefectures. It is a system that allows (Article 7-2 of the Trademark Law).
In recent years, by actively using regional brands in cooperation with local businesses, etc., the regional brands have become known among consumers, and sales and visitors have increased, and the aircraft for regional brands has increased. ..
However, a regional brand is a trademark consisting of "regional name" + "product (service) name", etc. Conventionally, a trademark consisting of "regional name" + "product (service) name", etc. has no discriminating power. It was not registered as a trademark (Trademark Law, Article 3, Paragraph 1, Item 3) unless it was well-known at the national level (Trademark Law, Article 3, Paragraph 2).
Click here for descriptive trademarks (opens in new page).
Due to the revision of the law in 2006, when a business cooperative, etc. becomes an applicant, even if it does not have national level publicity, if it has a certain range of publicity, it is a regional collective trademark. It is now registered as.
You can find out what kind of regional collective trademark has been acquired on the regional collective trademark search page of the Japan Patent Office.
Article
Business cooperatives and other partnerships established by special law (except for those who do not have legal personality, refuse to join a person who is qualified to be a member without justifiable reason under the special law, or its The membership is limited to those that have a stipulation that the current members must not impose more difficult conditions than those attached at the time of membership), the Chamber of Commerce, the Chamber of Commerce, or the Specified Nonprofit Activities Promotion Act (Heisei 10). Year Law No. 7) Specified non-profit corporations prescribed in Article 2, Paragraph 2 or foreign corporations equivalent thereto (hereinafter referred to as "unions, etc.") are trademarks used by their members. , When any of the following items is widely recognized among consumers as a display of goods or services related to the business of the self or its members as a result of the use of the trademark. May be registered as a regional collective trademark, notwithstanding the provisions of Article 3 (excluding cases pertaining to item 1 or 2 of paragraph 1 of the same Article).
(1) A trademark consisting only of characters that display the name of the area and the common name of goods or services related to the business of oneself or its members in a commonly used manner.
(Ii) A trademark consisting only of characters that display the name of the area and the name that is commonly used to indicate the goods or services related to the business of oneself or its members in a commonly used manner.
(Iii) Provision of characters that display the name of the area and the common name of the goods or services related to the business of oneself or its members, or the name commonly used to display these, and the place of origin or services of the goods. A trademark consisting only of characters that are commonly used as characters to be attached when displaying the location of, and that are displayed by the commonly used method.
2. In the preceding paragraph, the "regional name" means the place of origin of the product for which the trademark is used by itself or its members before the application for trademark registration, the place of provision of services, and other similar products. Alternatively, it means the name of an area or its abbreviation that is recognized to be closely related to the service.
3. Regarding the application of the provisions of Article 3, paragraph 1 (limited to the parts pertaining to items 1 and 2) in the case of paragraph 1, "self" in the same paragraph means "self or Of that member. "
4. A person who intends to receive a trademark registration of a regional collective trademark pursuant to the provisions of paragraph 1 shall, in the trademark registration application of Article 5, paragraph 1, a document certifying that the trademark registration applicant is a union, etc. and its trademark. The necessary documents must be submitted to the Commissioner of the Patent Office to prove that the trademark pertaining to the registration application contains the name of the region specified in paragraph (2).
Registration requirements
(1) Independent requirements
It is a legal person and is a cooperative established by a business cooperative or other special law (Article 7-2, Paragraph 1 of the Trademark Law), and is qualified to be a member even though there is no justifiable reason in the establishment grounds law. A union (Article 7-2, Paragraph 1 of the Trademark Law) that refuses to join a person who has It is necessary to have a parenthesis), a business and industry association, a chamber of commerce, etc.
Example) Business cooperatives, agricultural cooperatives, fishery cooperatives, commerce and industry associations, chambers of commerce, NPO corporations, etc.
It is a requirement that the trademark be used by its members.
If the applicant is a union that is not expected to be used by its members, it will not meet the independent requirements of the regional collective trademark.
Example) Consumers' Co-op, Shipowner Responsibility Mutual Insurance Association, Agricultural Mutual Aid Association, etc.
* Individuals and groups that do not have legal personality do not meet the independent requirements of regional collective trademarks.
In addition, corporations also do not meet the independent requirements of regional collective trademarks.
Under the Law on Grounds for Establishment, a person who is qualified to be a member must not be refused to join or have a more difficult condition for joining than the current member had at the time of joining, without justifiable reason. This is because it is appropriate to allow as many local businesses as possible to use a character trademark consisting of a region name and a product (service) name.
The following is an excerpt from the trademark examination standards
1. 1. About subject requirements
(1) In the case of a business cooperative or other partnership established by a special law (hereinafter referred to as "business cooperative, etc.").
Check the following ① and ②.(1) The applicant must be a legal person in the registration certificate submitted at the time of application and other documents issued by public institutions (hereinafter referred to as "registration certificate, etc.").
(2) In the copy of the establishment grounds law submitted at the time of application or the applicable provisions of the establishment grounds law stated in the application, "there is no justifiable reason, but the person who is qualified to be a member is refused to join, or its. There is a stipulation that the current members must not impose more difficult conditions on joining than those attached at the time of joining (hereinafter referred to as "freedom to join").
(example)
Article 14 of the Small and Medium-Sized Enterprises Cooperative Association Law
Article 19 of the Agricultural Cooperative Association Law
Article 10 of the Law Concerning the Conservation of Liquor Tax and Liquor Industry Association, etc.(2) In the case of a Chamber of Commerce, Chamber of Commerce (hereinafter referred to as "Chamber of Commerce, etc.") or a specified non-profit organization Confirm that it is a chamber of commerce established by the Chamber of Commerce Law or a specified non-profit organization stipulated in Article 2, Paragraph 2 of the Specified Non-Profit Activities Promotion Law.
(3) In the case of a foreign corporation equivalent to a business cooperative, a business and industry association, or a specified non-profit organization
(A) Confirm the following (1), (2) and (3) for foreign corporations that correspond to business cooperatives, etc. (1) A copy of the establishment basis law submitted at the time of application or the applicable provisions of the establishment basis law stated in the application (similar laws, notifications, judicial precedents and other documents specified by public institutions can be substituted. Hereinafter referred to as "copy of the foundation law for establishment, etc."), there is a provision that the purpose is to promote the common interests of the members.
If a copy of the foundation law for establishment does not exist in the system of the country concerned, the applicant is requested to submit the articles of incorporation (fundamental rules regarding the purpose, internal organization, activities, etc. of the corporation; the same shall apply hereinafter). Satisfy the requirements set forth above in the articles of incorporation.
(2) There is a provision for freedom of participation in the copy of the establishment grounds law.
(3) The applicant has legal personality in a document (eg, corporate certificate, etc.) certifying that the applicant is a corporation.
(2) Object requirements
① Must be a character trademark consisting of "region name" + "product (service) name"
* Logo trademarks and trademarks with figures cannot be applied for as regional collective trademarks.
The "regional name" in the regional collective trademark refers to the place of origin of the goods, the place of provision of the services, or these for the goods or services for which the applicant or its members have used the trademark pertaining to the application before the application. It is necessary that the name of the area is closely related to the product or its service to the extent that it conforms to (Article 7-2, Paragraphs 1 and 2 of the Trademark Law).
If it is already a generic name, it will not be possible to acquire a regional collective trademark.
(2) The applied trademark and the used trademark are the same in appearance.
The following is an excerpt from the trademark examination standards
The trademark applied for and the trademark used must be the same in appearance (including not impairing the identity to the extent that they can be regarded as the same in appearance).
Even if the appearances of the applied trademark and the trademark used are different, the sameness shall not be impaired to the extent that they can be equated in appearance as long as the differences are as shown in (1) and (2) below. admit.(1) Mincho and Gothic
Regarding the difference between cursive script and regular script, the degree of character destruction should be taken into consideration.
(2) Vertical writing and horizontal writing
On the other hand, in the case of (3) below, they are not recognized as the same because they are significantly different in appearance.
(3)
① Hiragana and Katakana
② Hiragana and Kanji
③ Katakana and Kanji
(3) Well-known
As in Article 3, Paragraph 2 of the Trademark Law, publicity at the national level is not a requirement, but it is "widely recognized among consumers", that is, publicity at the neighboring prefecture level is necessary.
The following is an excerpt from the trademark examination standards
About "widely recognized among consumers"
(1) Depending on individual circumstances such as the type of goods or services, consumer demographics, and the actual situation of transactions, even if they have not been recognized among consumers nationwide, for example, the types and distribution of goods or services. It shall include the case where it is recognized by a certain range of consumers in the following types (a) to (e) according to the route and the like.
It should be noted that for goods or services such as "beef cattle" and "stone materials" whose main consumer group is a trader, the consumers include not only the final consumer but also the trader.
(A) Products that can be sold in a relatively wide area because they are relatively low-priced and are consumed on a daily basis.
(Example) The range of consumers of vegetables, rice, meat, marine foods, and processed foods that are consumed on a daily basis at relatively low prices is considered to be relatively wide, but the "region" referred to in Paragraph 2 of this Article ( It is sufficient if it is widely recognized among a large number of consumers in the range beyond the prefecture to which the "region") belongs.
In addition, if there is a fact that a public institution such as the national government or a local public organization has selected the product as an excellent product, such as commending the product, it should be fully taken into consideration.
In addition, if there is a special transaction situation according to the product or service, such as a product with a relatively small production volume such as vegetables and fruits that are traded in the market at a high price, the following (a) or (c) To confirm.
(B) Products that are not sold in production areas due to their high price, but are mainly sold in large consumption areas.
(Example) High-class fish, etc. that are traded in the market at high pricesIf the range of main consumers is considered to be limited, such as being limited to large cities such as large consumption areas, it is widespread among a large number of consumers in at least one prefecture to which the sales area belongs. Must be recognized.
In particular, the situation of advertisements and introductions by the media in large consumption areas, the situation of advertisements and introductory articles in industry newspapers and specialized magazines, etc. should be fully considered.
(C) Local production for local consumption products that are mainly sold only in the production area and roles that are provided only in that area.
About duties(Example) Traditional vegetables, namagashi with a short expiration date
Since the regional spread of consumers is considered to be limited, it needs to be widely recognized among a large number of consumers in at least one prefecture to which the region belongs.
In addition, in particular, in the production areas, sales areas, service areas, etc. of products, tourist information distributed to tourists visiting the area, the status of advertisements using tourist maps, the number of visitors, and questionnaires to visitors. Fully consider the survey results.
(E) About products such as crafts
(Example) Chest of drawers and jars produced in the areaSince the regional spread of consumers is considered to be limited, it needs to be widely recognized among a large number of consumers in at least one prefecture to which the region belongs.
In addition, if there are any facts designated as traditional crafts by the Minister of Economy, Trade and Industry, take them into consideration.
For products such as tableware and chopsticks that are used on a daily basis, the above (a) is confirmed because the main consumer group is general consumers.
The following is an excerpt from the trademark examination standards
(2) When large-scale advertising and sales are carried out using media such as television broadcasting, newspapers, and the Internet.
(Example) Products sold using national TV shopping programs
(1) In the case of large-scale advertising and sales using television broadcasting, etc., since it is considered that the number of consumers is wide-ranging, including consumers in the area, the place where products are sold, or the place where services are provided. It needs to be widely recognized among a considerable number of consumers in multiple prefectures.
In particular, the status of TV broadcasts, advertisements on websites, or programs introducing products, etc., sales rankings, sales destinations, sales volumes, website types (major shopping sites, applicant sites, etc.), etc. Thorough consideration about
do.(2) If the goods or services that fall under each type of (1) are sold using television broadcasting, etc., are they widely recognized by a large number of consumers in each type, or the area? Judgment is based on whether it is widely recognized among a considerable number of consumers in multiple prefectures, including consumers in the place of sale of goods or the place of provision of services.
7. About the proof method and judgment that "is widely recognized among consumers"
Check the submitted materials, etc. exemplified for each of the following facts (1) to (4).
(1) About the fact of use
Photographs, pamphlets, website copies, etc. that use the applied trademark for products, product packaging (cardboard boxes for shipping, etc.) or services(2) Business facts (production quantity, sales area, transfer quantity, sales, usage period, etc.)
(1) Order slips (purchase orders), shipping slips, delivery slips (invoices and receipts), invoices, receipts, partition slips, commercial books, etc. that describe the sales quantity, etc.
(2) Certificates, etc. by a third party of a public institution, etc. (national, local public organization, foreign embassy in Japan, etc.) that describes the production quantity, etc.
(3) About the method, content and number of advertisements, and the content and number of articles published in general newspapers, industry newspapers, magazines, websites, etc.
(1) Pamphlets, posters, copies of websites, tourist information, copies of tourist maps, etc. containing the contents of advertisements.
(2) Transaction documents, certificates, etc. with advertisers, etc. that describe the amount and number of advertisements (pamphlet distribution destination, number of copies distributed, website posting period, etc.)
③ Introductory articles in general newspapers, industry newspapers, magazines, public relations issued by local governments, websites, etc.
(4) About other facts
(1) Report on the results of a trademark recognition survey (questionnaire) targeting consumersHowever, make a decision by fully considering the objectivity of the implementer, implementation method, target person, etc.
(2) Facts of being certified and commended as excellent products by public institutions such as the national and local public organizations
Use outside the quality standards
If the rules within the union stipulate that its use is limited to products that meet certain quality standards, the use of a regional collective trademark contrary to this is a trademark, even if it is a member of the union. It is an infringement of rights (Article 31-2, Paragraph 1 of the Trademark Law).
Prohibition of transfer
Trademark rights related to regional collective trademarks are not transferable (Article 24-2, Paragraph 4 of the Trademark Law).
A regional collective trademark is a requirement that is more relaxed than national level publicity (Article 3, Paragraph 2 of the Trademark Law) when a trademark consisting of a region name and a product (service) name identifies a certain source. , Registration is permitted only to organizations that meet certain independent requirements, and if relocation is permitted if these requirements are not met, the target of the source identified by the consumer will be different, and the area will be different. This is because it deviates from the purpose of limiting the subject of the collective trademark and is not appropriate.
In the case of a change in the organization of the right holder (for example, a change from a partnership under the Fisheries Cooperative Association Law to a partnership under the Small and Medium-Sized Enterprises Association Law), the transfer of the trademark right related to the regional collective trademark is not permitted, so the regional organization You will need to reapply for the trademark and reacquire it.
Difficulty in registering regional collective trademarks
Registration of regional collective trademarks is required to be well-known at the prefectural level.
In many cases, they are rejected because they do not meet the requirements for publicity at the prefectural level.
In addition, it is necessary that the person who made the regional collective trademark known is the trademark registration applicant or a member of the trademark registration applicant.
If the person who made the regional collective trademark known is not a member of the trademark registration applicant, the regional collective trademark will not be registered.
When I contacted the JPO, more than half of the applications for regional collective trademarks were notified of some reason for refusal, and most of them (1) lacked proof that they were well-known at the level of neighboring prefectures, (2) regional collective trademarks. It seems that the reason is that the proof that the person who is known by using is not a member of the applicant for the regional collective trademark is insufficient.
Even if the JPO notifies the reason for refusal, the applicant for the regional collective trademark is (1) proof that the publicity at the adjacent prefecture level has been obtained, and (2) the person who has made it known using the regional collective trademark. If you submit proof that you are a member of, and the examiner is satisfied, you will be registered.
It is important to fully submit the above-mentioned proofs (1) and (2) at the time of filing so as not to receive reasons for refusal as much as possible.
Dissatisfaction 2008-11461 (Kitakata ramen)
In this case, the applicant was the "Kitakata Ramen Association, a cooperative association," and applied for the designated service "Providing ramen in Kitakata City, Fukushima Prefecture," with the regional group trademark "Kitakata Ramen." It is often used by people other than the members, and it is also widely used in areas other than Kitakata City, and it is not well known as a display of services related to the work of the applicant and its members. , It is a case that was rejected.
Below is an excerpt from the referee
It is recognized that "Kitakata ramen" is widely known nationwide from the early 1960s to the present as a ramen offered in Kitakata city.
The reason why this "Kitakata ramen" became known nationwide is largely due to the efforts of Kitakata City, and the claimant or its members have been on the "Ramen Map" since 1987. By distributing and participating in events, the word "Kitakata ramen" was used to provide ramen in Kitakata City, and at the same time, it was actively engaged in advertising activities related to "providing ramen in Kitakata City". Is recognized.
However, among the ramen shops in Kitakata city, the ratio of the members of the claimant is less than 50%, and among the people (shops) other than the members, the word "Kitakata ramen" is one of the shop names. There are not a few people (stores) who are used for departments or menus and are introduced in magazines, newspapers, etc., and the scale of business such as the sales of the members of the claimant is unclear. Furthermore, even in Japan, there are people (stores) who use the characters "Kitakata ramen" in a part of the store name or in the menu to operate, and some of these people (stores) are "Kitakata ramen". There are also people (stores) who have registered trademarks that include the characters.
Then, the consumer who comes into contact with the characters of "Kitakata ramen" does not always recognize this as displaying the services related to the work of the claimant or its members, but to the work of persons (stores) other than the members. It must be said that there are many cases where the service is recognized as a display or the meaning of "ramen provided in Kitakata City".
Therefore, the trademark of the present application is widely recognized among consumers to the extent that it extends to, for example, Fukushima prefecture and its neighboring prefectures, as an indication of the services related to the business of the claimant or its members as a result of its use. It cannot be said that it is.
