When considering trademark registration, one of the most common questions we receive is: "Should I register the name (text) or the logo (graphics)?"

Using the example of the famous "KIRIN" beer brand, let's explore the differences between these options and the key strategies for a successful application.

1. Understanding the Difference

• Word Mark: A trademark consisting only of text, such as the "KIRIN" printed on a beer can.
• Figurative Mark: A trademark consisting only of an illustration, such as the mythical "Kirin" (qilin) creature depicted on the label.

You can also combine these into a "Combined Mark." It is important to note that the official fees paid to the Japan Patent Office are the same regardless of which format you choose. You don’t need to worry about "sets" being more expensive.

2. Why we recommend "Separate Applications"

If the cost is the same, a combined "set" might seem like a better deal. However, in practice, we strongly recommend registering the Word Mark and Figurative Mark separately for two major reasons:

1. Increased Flexibility in Use

When you register a combined mark, you are generally required to use it exactly as registered (in the specific layout submitted). By registering them separately, you gain the flexibility to adapt to design changes—such as placing the text next to the logo or swapping them vertically—while still maintaining protection.

1. Protection Against "Trial for Cancellation based on Non-Use"

Under trademark law, a trademark that has not been used for three consecutive years may be subject to a "Trial for Cancellation based on Non-Use".

• If you register a combined mark but only use the "text" or only use the "graphic" in your actual business, there is a risk that the court will rule you are not using the trademark as registered.
• Registering each element independently is the most reliable defensive measure to ensure your rights remain secure.

Final Thoughts

Registering your text and graphics separately directly impacts your "flexibility of use" and "legal security" as your brand grows.

Choosing the right strategy now builds a stronger foundation for your brand's future. If you are unsure which format is best for your business, please feel free to contact us for a consultation.