According to the Yomiuri Shimbun, sources close to the government said the Patent Office is planning to accept applications to register sound and moving images as trademarks.

As it is now commonplace for companies to advertise products using sounds and moving images on the Web and in TV commercials,  U.S. and some European countries already register sound marks and moving pictures as trademarks.

Because of this trend, and because of a fair amount of pressure from companies overseas, the Patent Office will present a bill to the ordinary Diet session as early as 2010 to revise the Trademarks Law.

Currently, the JPO registers diagrams, brand names, and company logos as trademarks. Other countries, such as the United States, Britain, Germany and Australia, recognize sound marks and moving images as something that boost consumer impact on products and for manufacturers and register them as trademarks. According to the Japanese Patent Office's affiliate organization, the Institute of Intellectual Property, the United States registered 147 sound and 20 moving images as trademarks between 1994 and 2006.

An example of such a trademark in the U.S. is that of a jumping bean used on a company web site of a U.S. software company. Another is a melody that sings "Hisamitsu" in U.S. TV commercials for Hisamitsu Pharmaceutical Co. which the USPTO recognized as something that uniquely indentifies the company.

Once the JPO revises the Trademarks Law, companies will be able to register images combined with sound and letters. Examples are the phrases "It's a Sony" previously used in Sony’s TV ads and the slogan "Drive your Dreams" used for Toyota Motor Corporation.

U.S. and European companies have long been urging the Japanese government to protect sound and moving images as trademarks, according to the sources.

In response, the Patent Office has been looking into the possibility of covering a broader range of items under the Trademarks Law.

Those who use registered trademarks without approval will face a maximum of 10 years imprisonment or a fine of up to 10 million yen. Therefore, the envisaged revision will give companies greater protection, according to the sources.

(based on Daily Yomiuri Online, Dec. 5, 2008)