制作・著作
It is of utmost importance to first search for existing registered trademarks in advance of filing patents in order to
prevent infringement upon a third party’s existing trademark rights.
Practicing such caution will help avoid disputes arising from infringement conflicts and improve the possibility of the successful registration of trademarks.
Therefore, please make sure to carry out such research of existing trademarks before attempting to use any proposed trademark or before filing a trademark application. Even if a you have created unique trademark it may still be subject to restrictions.
If a third party has already registered a trademark which is identical to or relatively similar to the trademark under application, any continuing action upon this application may constitute an infringement upon this registered trademark, and in such a case the trademark under application shall not be used. A trademark cannot be registered if it is found to be identical to or similar with any registered trademark upon examination during the trademark’s registration application. Therefore, it is very important to first begin the trademarking process by commissioning a pre-filing trademark search in order to meet the legal requirements necessary to assure that the trademark can be used freely and to avoid any unfortunate costs or extraneous labor.
The Tsubame IP Law Firm offers such pre-filing trademark search services. We work with clients to ensure the smooth introduction of commodities, implementation of service marketing plans, and application for trademark registration in Japan. Our firm will assess whether or not the trademark under application is similar with any existing registered trademark, whether it be descriptive or distinctive, and will provide an investigation report in Chinese or English to the principal.