We often receive questions regarding the exact definitions of "word marks" and "figurative marks." In this article, we will explain the differences between the two and provide key precautions for filing applications using familiar examples.

Understanding the Difference

Imagine you are looking for a Kirin Beer product. When you pick up a can, your eyes naturally gravitate toward the alphabet lettering that reads "KIRIN."

• Word Marks: These are trademarks composed solely of text or characters, such as the "KIRIN" lettering mentioned above.
• Figurative Marks: On the other hand, Kirin products also feature an iconic illustration of a "Kirin" (a mythical creature). This type of illustration or logo mark falls under the category of a "figurative mark."

Filing Methods and Costs

Under trademark law, you have several options for filing:

• File a word mark only.
• File a figurative mark only.
• File a combined trademark, which integrates both text and graphics into a single unit.

A common concern is whether combining text and graphics will double the application cost. However, since the Japan Patent Office (JPO) fees and our firm's service charges are handled as a single application, the cost remains the same regardless of which format you choose.

Why We Recommend Separate Registration

While combined applications are cost-effective, we generally recommend registering "words" and "figures" separately whenever possible.

The primary reason involves the proper use of a trademark and mitigating the risk of a "Trial for Cancellation of Registered Trademark for Non-use." If you register a combined mark but consistently use the text and graphics in a manner significantly different from the registered version, there is a risk that your trademark could be deemed "not in proper use." This could potentially lead to the cancellation of your registration.

To ensure long-term flexibility and robust protection, the most desirable approach is to secure independent rights for both your text and your graphics.