Is Using the Term "Kuchofuku" on Social Media an Infringement? Controversy and IP Expert Insights
Kuchofuku Co., Ltd. posted on official X on July 27, reminding that "Kuchofuku" is a registered trademark and urging the use of generic terms like "fan-equipped clothing." This sparked public backlash over whether consumers infringe the trademark, leading to an apology. However, IP experts suggest that such warnings are a smart brand management practice to prevent trademark genericization.
WISECODE Take
Kuchofuku Co., Ltd. posted on social media on July 27, 2026, reminding the public that "Kuchofuku" is its registered trademark, which sparked controversy over consumer infringement. This is essentially a defensive battle against "trademark genericization." The trademark was initially rejected by the JPO but registered in 2021 after the IP High Court recognized its distinctiveness. If a trademark becomes a common noun, it loses exclusivity, much like "Seirogan," making active brand policing necessary. This case does not affect general consumers or social media users sharing daily life, as trademark rights only restrict commercial use. For businesses seeking to protect brand value, Zhidian offers trademark monitoring services to help identify and address genericization risks early. We have two suggestions. First, introduce a generic name alongside new technology early on to prevent the trademark from becoming a common noun; second, differentiate targets when policing, being strict with competitors but educational with the public to avoid PR crises. Trademark defense is like a marathon; only businesses that balance legal boundaries with public relations can secure their brand assets.
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