Trademark application
Please note that multi-class application is available in Japan.
For a trademark application, the following information is necessary.
- name and address of the applicant
- the data of trademark (please let us know the form of the trademark)
- designated goods and services
- priority document (if you hope to claim priority)
Trademarks may include characters, figures, symbols, three-dimensional shapes and a combination thereof.
In addition to the above, motion mark, hologram mark, color mark, sound mark, and position mark can be registered as trademarks.
About the classification of the designated goods and services, please refer to this page.
Examination
When a trademark application is filed, JPO (Japan Patent Office) examines whether the trademark filed can be registered. Trademarks which cannot be registered are as follows:
- (1) Any trademark used in connection with goods and services of an applicant that are not able to be distinguished from those of other persons (lack of distinctiveness)
For example, trademarks which simply indicate the origin, place of sale and qualify of goods cannot be registered. - (2) Trademarks against public interest
For example a trademark which is identical with or similar to the national flag (or likely to harm public order and morality) cannot be registered. Moreover, a trademark which is likely to mislead as to goods or services (a trademark “_____ whisky” for goods “beer”) cannot be registered. - (3) Trademarks confusingly similar to trademarks of others
A trademark which is identical with or similar to a registered trademark of another person and goods or services which use the trademark are identical or similar cannot be registered.
Please note that the term of examination is around 6-8 months.
If provisional refusal is notified to your application, you can submit the written opinion and/or the written amendment within 3 months.
Payment of the registration fee
When a decision of registration is made as a result of conducting examinations (or when the examiner’s rejection is successfully overcome by a response), a notification of registration will be issued.
You have to pay a registration fee within 30 days from the mailing date of the notification of decision of registration.
The trademark rights are effective for ten years from the date of registration.
Publication and Opposition
After registration is established, the registration will be published for opposition.
Anyone can file an opposition within two months from the date of publication.
Renewal
The term of a trademark right is ten years from the date of registration.
When you hope to maintain the trademark right, you have to take renewal procedure. A request for renewal must be filed within six months before the current term expires.
Even after expiration, you can take the renewal procedure by paying an extra fee. In this case, the request must be filed within six months after expiration.
Please note that the Proof of use is not required in the renewal procedurel.
It is possible to reduce class(es) at the renewal request by submitting the POA.