Are you wondering, 'What should I be careful about with trademarks?' and 'How can I prevent troubles?'
Basic Knowledge of Trademarks in Novelty Production
- What is a trademark?
A trademark is a system that protects names, logos, and other identifiers that represent products or services, ensuring they are not imitated by others.
- What can be trademarked?
In addition to names and logos, product names, logo marks, catchphrases, and phrases can also be subject to trademark protection.
- Permission is always required for trademark use
If you want to use a registered trademark on a novelty item, you must obtain explicit permission from the trademark holder.
Three Common Trademark Issues in Novelty Production
- Case 1: Using another company's logo as is
If unauthorized use is discovered, there is a possibility of being required to stop distribution of the novelty items, recall them, or pay damages.
- Case 2: Using parody or similar designs
Logos or color schemes that may suggest "it looks different upon closer inspection, but somehow resembles that brand" can lead to consumer confusion and may constitute trademark infringement.
- Case 3: Using for internal distribution or non-sale items
Trademark infringement can occur regardless of whether the use is for profit or not.
