When considering trademark registration, we often receive the same question: "Should I register the name (text), the logo (graphics), or both together?"

Using the iconic branding of Kirin Brewery as an example, let's explore the differences and the strategies for a successful application.

1. Understanding Word Marks and Figurative Marks

• Word Marks: Trademarks consisting only of text, such as the "KIRIN" lettering found on a beer can.
• Figurative Marks (Logo Marks): Trademarks consisting only of illustrations or designs, such as the mythical "Kirin" creature depicted on the label.

It is also possible to file these together as a "Combined Trademark." A common misconception is that filing them as a set is more expensive, but the Japan Patent Office (JPO) fees remain the same regardless of the format.

Why we recommend "Separate Filings"

If the cost is the same, filing as a set might seem like a better deal. However, in practice, we strongly recommend registering "Word" and "Figurative" marks individually. This strategy offers two major advantages:

2. The Benefits of Separate Registration

(1) Greater Flexibility in Usage

When you register a trademark as a set, you are generally required to use it in the exact layout in which it was registered. By registering them separately, you gain the freedom to rearrange the elements—placing the text next to the logo, or stacking them vertically—to match evolving design trends while remaining fully protected.

(2) Protection Against "Trial for Cancellation of Registered Trademark Not in Use"

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

If you register your marks as a set but only use the "text" or only use the "graphic" in your actual business, you run the risk of a third party claiming you are not using the trademark as registered. Maintaining independent registrations for each element is the most robust defensive strategy for your brand.

3. Conclusion

Registering "words as words" and "graphics as graphics" directly impacts the flexibility and security of your brand's future. It ensures that as your brand expands, your legal protections grow with it.

If you are unsure which format is best for your specific business, please feel free to contact us for a consultation.