[Article / Trademarks] Non-trademark use to avoid conflict (Tsuyoshi Nakamura, Patent, May 2025)
更新日：2 時間前
Article information
Article type: Publication review
Categories: Trademarks
Main topics: Trademark use / Distinctiveness
First published on this website: October 1, 2026
Display and classification checked: October 1, 2026 (not a revalidation of the legal analysis)
[Article / Trademarks] Non-trademark use to avoid conflict (Tsuyoshi Nakamura, Patent, May 2025)
Five points for assessing non-trademark use are organized.
<Practical steps to avoid conflict>
① Step 1: Consider descriptiveness
Objectively assess whether the word appears coined or descriptive in relation to your products. Dictionary entries and usage on other companies' websites can provide evidence.
② Step 2: Devise the display design
Make your own source identifier (logo, etc.) most prominent.
Place the word concerned in the same typeface and size as other descriptive text (such as “liquid type”).
If necessary, use it within a sentence (caption), without making it look like an independent logo.
③ Step 3: Consider alternatives
If the descriptive meaning is weak and third-party examples are few, avoid forcing a non-trademark-use argument. Instead, change the word itself or apply to register it with your own distinctive figure to secure greater safety.
Original article: https://lnkd.in/gH8MyvUJ
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Updates and corrections
Substantive corrections and additions are recorded separately from classification, related links and display changes.
October 1, 2026: First publication of the author's original LinkedIn text on this website. Article type, categories, topic tags, sources and consultation navigation added.
2026-10-01 | Display maintenance: added case references stated in the original or language-alternate metadata; not a revalidation of legal analysis.
2026-10-01 | Name notation: replaced verified Japanese-script personal names with Roman-letter forms in this English article and its navigation. Legal analysis and original publication date unchanged.
