Trademark Registration in Japan
We, Toranomon Sougoh Law Firm, help foreigners to file a trademark application with the Japan Patent Office. We can provide foreigners with accurate and high-quality services as specialists of Trademark matters in Japan. Further, we have not only patent attorneys but also lawyers who are highly skilled in Trademark matters. Therefore, we can also deal with the cases of infringements.
We believe that we can help your business. Please do not hesitate to contact us.
Email address of Trademark section : email@example.com
1. Trademark Search
We believe that it is important to conduct a trademark search before filing.
The first aim of conducing a trademark search is to find prior trademarks similar to the mark which will be filed and to avoid unnecessary expenses.
The second aim of conducting a trademark search is to detect the examples of the registered trademarks and the rejected trademarks relate to the mark which will be filed and to verify the validity of the details of the application.
2. Filing a Trademark application
1) Registrable trademarks in Japan
- Words, Figures, Signs, Three-dimensional shapes or any combination of thereof, or any combination of thereof and colors
- New trademarks (as of April 1, 2015): Color per se, Motion, Position, Hologram and Sound marks
2) Necessary information and documents for filing
- Name and domicile or residence of the applicant
- Goods and/or Services and International Classification (The Nice International Classification 11th)
- Power of Attorney (When filing, it is not necessary to submit POA. However, we recommend to submit it in advance for the subsequent procedures.)
3. Substantial Examination
After a formality examination, a substantial examination is conducted to confirm that all the registration requirements are fulfilled.)
It takes 6-7 months from filing for the First action to be issued.
When no reason for refusal is found in the application, a decision for registration is issued.
In order to register, the applicant should pay a registration fee in one lump sum or in two installments. After payment of the registration fee, the trademark right is registered in the trademark register. The duration of registration is 10 years from the registration date. A Certificate of Trademark Registration is issued about 1 month after payment of the registration fee.
In case that the trademark application is finally refused by the Examiner, the applicant can file an appeal against the Examinerfs decision of refusal within three months from the dispatched date of the final rejection.
About 1 month after the registration date, the details of the registration is published in the trademark gazette. Within 2 months from the publication date, any person may file an opposition against the trademark registration which has a reason for refusal.
7. Invalidation trial
In case that the trademark registration has a reason for refusal, any person who has a legal interest can file an invalidation trial within 5 years from the registration date. (As for a part of the reasons for invalidation, there is no limitation of time.) When the decision of the invalidation is confirmed, the said trademark rights deems not to exist from the beginning in principle.
8. Non-use cancellation trial
In case that the trademark registration has not been used over the past three years, anyone can request a cancellation trial against the registered trademark based on non-use.
In order not to be cancelled, the owner of the trademark registration needs to prove the mark has been used over the past three years by the owner or a licensee. Otherwise a justifiable reason which can explain the non-use is needed.
The owner of the trademark registration can renew the trademark registration by paying the fee for renew before or on the expiration date. The owner can pay the fee for renew in on lump sum or two installments.
10. International registration designating gJapanh
We can respond to the Japan Patent Office when an International registration designating gJapanh is refused by the JPO. After submitting the Power of Attorney, we can file an argument or amendment to the JPO in order to overcome the reason of the refusal.
We have the schedule for trademark matters in Japan.
If you need it, please contact us to our email addressF