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.
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Three Measures to Prevent Trademark Issues in Novelty Production - Measure 1: Choose materials with clear rights The most important aspect of novelty production is to confirm whether the materials used are "available for commercial use." - Measure 2: Utilize a checklist during production To prevent trademark issues before they arise, it is essential to create a system that does not overlook legal risks during the production phase. One recommendation is to use a "checklist." 1. Is the source of the logos and names used clear? 2. Have you checked if they are registered trademarks? 3. Do you have permission to use them? 4. Are there no similar expressions? 5. Have you confirmed the commercial use conditions of the design materials? - Measure 3: Hire a reliable production company When outsourcing novelty production, it is important to choose a production company that can consider legal risks as a partner. Selecting a production partner who can cooperate with a shared risk approach, rather than just "leaving it to them," will lead to long-term trouble avoidance. Understand trademarks correctly and produce trusted novelties. For more details, it is recommended to consult a patent attorney or a specialized legal professional.
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Our company, Koshio Industry, handles a variety of novelties. We collaborate with carefully selected design firms, promotion companies, and branding agencies to provide optimal planning and design tailored to our customers' needs and desires. Additionally, one of our strengths is that we consistently manage everything from product planning to design, engineering, and production. If you are considering creating novelties, please feel free to contact us through our website.
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Koshioka Sangyo Co., Ltd. has been responding to various customer requests for over 50 years since its establishment, manufacturing products from parts to finished goods through made-to-order production. Leveraging that experience, we have now centralized the entire process from market research for "delightful products" starting with product creation, to planning/design, design, prototyping, production, and shipping. Our efforts have been well received by companies such as amusement parks and restaurant chains. Additionally, we have embarked on a novelty (MONOCOTO LAB) business to assist customers with their challenges, enhancing added value, defining their existence, and contributing to society. We are also focusing on design development and advancing our own product commercialization, which has been appreciated by companies in the entertainment industry and beyond.