Breaking News: The Outcome of the 'Slow Commentary' Trademark Controversy - Dwango Releases Notice of Rejection Reasons

In 2022, there was a controversy when a third party applied for trademark registration of “Yukkuri Chaban Play”, a category of derivative works related to the “Touhou Project”.

On February 16, 2023, Dwango publicly announced the reasons for rejecting the trademark registration applications for “Yukkuri Commentary” and others, commenting that it was a “welcome progress”. What exactly was happening?

In this article, we will explain the background of this situation based on Dwango’s official view and reports.

The Trademark History Surrounding “Yukkuri Commentary”

“Yukkuri Commentary” refers to a genre where voice synthesis software such as “Bouyomi-chan” is used to create personality voices for commentary and narration in videos and radio broadcasts. It has gained popularity on platforms like Nico Nico Douga, attracting many creators and fans.

However, trademark issues have arisen with this Yukkuri Commentary. In June 2022, it was revealed that the word trademark “Yukkuri Farce” had been registered by an individual. This registration faced strong opposition from Dwango and users of Nico Nico Douga. Dwango argued that “the said trademark registration is fraudulent and should be invalidated,” and filed an objection and a request for invalidation with the Japanese Patent Office.

Dwango Applies for Trademark Registration of “Yukkuri Commentary” and Others

Furthermore, Dwango revealed that it had applied for trademark registration for three trademarks, “Yukkuri Commentary,” “Yukkuri Explanation,” and “Yukkuri Theater,” with the Japanese Patent Office on May 24, 2022.

This application was made with the aim of preventing further monopolization of “Yukkuri” related trademarks.

Our company believes that the phrase “Yukkuri ○○” is widely used to indicate the genre or category of videos, or the content of videos, and should not be a string of personalitys that a specific company or individual should monopolize.

Quoted from the official Nico Nico Twitter[ja]

Dwango Publicizes Rejection Notice, Welcomes “Pleasant Progress”

On February 15, 2023, it was revealed in the Official Gazette of Trademarks that the Patent Office had rejected the registration of these three personality trademarks. In response, Dwango publicized these rejection notices and issued a statement on February 16.

A “rejection notice” is a written notification from the Patent Office stating the reasons why a trademark registration application cannot be registered.

The Patent Office cites reasons such as “it is widely used and many people are creating and distributing videos.”

【Notice regarding the “Yukkuri ○○” trademark】
On February 13, we received a rejection notice from the Patent Office regarding the trademark applications for “Yukkuri Commentary”, “Yukkuri Explanation”, and “Yukkuri Theater”.
The content indicated in the rejection notice largely aligns with our view, and we welcome this decision. pic.twitter.com/NEePr48cBq[ja]

— Nico Nico Official (@nico_nico_info) February 16, 2023[ja]

In response to this result, Dwango has accepted it as “pleasant progress” and commented that it “largely aligns with our view.” Dwango stated, “The personality string “Yukkuri” itself is a common term or expression on the Internet, and there is a high possibility that others will use it, so we have a policy not to register trademarks for “Yukkuri” related personality strings.”

Furthermore, they added, “We intend to continue taking necessary measures to prevent others from making fraudulent applications and registrations for the personality string “Yukkuri” itself and related personality strings.”

Reference: Dwango’s View and Response to the Character Trademark ‘Yukkuri Farce'[ja]

Dwango has expressed the following words of gratitude to the Patent Office:

We would like to express our respect and gratitude for the careful examination of internet culture like internet memes and the detailed explanation of the reasons for rejection.

Nico Nico Info｜Dwango’s View and Response to the Character Trademark ‘Yukkuri Farce'[ja]

Please refer to the following article for risks of intellectual property infringement such as trademarks.

Related Article: What are the Risks and Measures of Intellectual Property Infringement such as Patents, Trademarks, and Copyrights?[ja]

Related Article: Learning from Examples ‘Criteria and Penalties for Trademark Infringement’ (Imprisonment/Fines)[ja]

On the other hand, the registrant of the personality trademark “Yukkuri Farce” has made a cancellation registration by abandonment on June 8, 2022, and claims that “this issue has already been resolved.”

Conclusion: Consult a Lawyer for Trademark Issues

We have explained the background of trademark registration, such as “Slow Explanation”.

This issue has sparked a lot of debate about the pros and cons of trademarking terms and expressions widely used on the Internet, and how to protect the rights and interests of creators and fans. Dwango has declared that it will continue to take measures to prevent fraudulent applications and registrations, making this a news topic to watch in the future.

Introduction to Our Firm’s Measures

Monolith Law Office is a legal office with extensive experience in both IT, particularly the internet, and law. In recent years, intellectual property rights surrounding copyrights have been attracting attention, and the need for legal checks is increasingly growing. Our firm provides solutions related to intellectual property. Details are described in the article below.

Areas of practice at Monolith Law Office: IT and Intellectual Property Law for Various Companies[ja]