Trademark trolls target New Japan era name “REIWA”

Over 1,200 applications filed for Reiwa-related trademarks in China within a month after announcement of the new Imperial era name “REIWA” by the Japanese government on April 1, 2019.

According to a search site of China’s trademark office, prior to the April 1 announcement of the era name, there was only one trademark application for the name, filed in 2017. However, 238 applications related to REIWA were filed on April 1 alone, when the new era name was announced. The number of such applications further swelled to 1,276 as of April 30.

The applicants seem to be trying to take advantage of the new era name. Those requests are for registration of names such as “Reiwado,” “Reiwaya” and “Reiwa tenka.” The applications were in a variety of fields ranging from cosmetics to food, with examples including “Reiwa beef” and “Reiwa hall.”

It is unclear whether their applications will be approved. Chinese authorities are unlikely to grant any new permission for trademark names related to REIWA.

 

Other neighbor nations (Taiwan, Korea)

According to a search site of Taiwan’s IP office, 8 applications related to REIWA were filed after announcement as of May 1.

In Korea, a search site revealed only 3 applications related to REIWA were filed in April.

Japan

48 applications related to REIWA were filed to the Japan Patent Office in three days after announcement of the new era name.

As mentioned in the previous blog article, the revised trademark guidelines to ensure trademarks do not feature any era name now clearly state that all era names, in principle, cannot be used for trademarks.
It is expected most of the applications are rejected for registration under the latest guidelines.


Masaki MIKAMI, Attorney at IP Law – Founder of MARKS IP LAW FIRM

WTR report: The first individual in history to have filed over 100,000 trademark applications

A notorious and incredibly prolific trademark application filer in Japan, Ikuhiro Ueda, is causing headaches for brands in Japan.

As the figures below show, the rate of the filings – both using the applicant name ‘Ikuhiro Ueda’ and his legal entity name ‘Best Licensing Co’ – stepped up in 2016 and 2017, reaching 24,500 and 32,000 applications per year respectively. The sheer number of applications from Ueda accounted for 18.5% of all trademarks to the JPO in 2017, and even reached over 30% in the first two months of this year.

As the graph shows, there was a dip in 2018. This was due to an attempt from the Japanese government to quell the rate of filings from entities like Ueda. A new law, the ‘Trademark Law Revision Act of 2018’, came into force on June 9 last year and introduced stipulations that – in theory – erected a hurdle to the mass filing of trademark applications without paying fees. However, that revision was not enough to permanently slow the number of applications. As the below graph shows, applications from Ueda-related entities did significantly picked up again in December 2018.

According to CompuMark’s Robert Reading, he is now the first individual in history to have filed over 100,000 trademark applications. To put the activity into context, the table below looks at the trademark activity of the world’s largest companies – and shows Ueda comfortably out in front.

While Ueda’s trademark application portfolio is unmatched, so too is his success rate – although presumably not in the way he wants. “Amazingly, Ueda only has three registered trademarks – so just one in every 30,000 applications actually succeeds, which translates to a success rate of 0.0028%”, Reading further reveals.

(Excerpt from WTR online report dated April 11, 2019 by Tim Lance)


Masaki MIKAMI, Attorney at IP Law – Founder of MARKS IP LAW FIRM