Can a Voice Be Registered as a Trademark in Japan?— AI Deepfakes and Japanese Trademark Practice

Japan recognizes non-traditional trademarks, including sound marks. Accordingly, a person’s voice may, in principle, be registrable as a sound mark.

That said, there are practical hurdles. Registration is not available merely for defensive purposes; the applicant must use, or intend to use, the mark in connection with specific goods or services.

Distinctiveness is also critical. A short greeting, a simple spoken phrase, or a famous person’s voice as such will not normally function as a source identifier.

In addition, where names, portraits, or similar personal elements are involved, Article 4(1)(viii) of the Japanese Trademark Act may become relevant.

From an enforcement perspective, trademark use is key. Even if an AI-generated voice or image is similar, it will not readily constitute infringement unless it is used in a manner indicating source, endorsement, affiliation, or official services.

However, when these elements are properly addressed, trademark rights can become an effective and powerful tool. This is particularly true where AI deepfakes are used in a way that suggests endorsement, affiliation, or authorization by the person concerned.

Accordingly, to utilize the trademark system in Japan as a countermeasure against AI deepfakes, it is essential to conduct a careful, strategic assessment before filing—taking into account the target mark, the relevant goods or services, the intended use scenario, distinctiveness, and potential conflicts with third-party rights.