Global Trademark GO Japan - Introduction to Japanese Trademark Application

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页之码IP

In Japan, you can register a word mark, logo mark, three-dimensional shape mark, movement mark, hologram mark, color mark, sound mark or position mark. Applicants can submit a trademark registration application directly to the JPO, or through the Madrid Trademark International Registration Specify Japan. Japan implements "one trademark, one application", that is, the applicant must submit a trademark registration application for each trademark and specify one or more goods or services related to the trademark. The designation must be in accordance with the categories of goods or services specified by government decree, but It is not deemed to specify the similar scope of goods or services.

1. Trademark authority:

2. How to apply for trademark registration:

  • Paper submission; electronic submission

3. Trademark registration application language:

  • Japanese

4. Documents required for trademark registration application:

  • Trademark pattern
  • List of goods and services
  • Priority document (certified copy of the priority document must be submitted within three months from the date of filing of the Japanese trademark application. The home page needs to be translated into Japanese)

5. Japanese trademark registration application process:

  • Application: In order to obtain trademark rights, the applicant must fill in the forms specified in the relevant regulations and submit them to the JPO.
  • Disclosure of unexamined applications: After JPO receives the application, it will disclose the contents of the unexamined application in the official gazette.
  • Formal review: Application documents submitted to the JPO will be checked for compliance with necessary procedural and formal requirements. If necessary documents are missing or necessary sections are not filled in, applicants will be asked to make corrections.
  • Substantive examination: The application will be reviewed to see if it meets the substantive requirements. The following trademarks will be rejected as not meeting the substantive requirements:
    • A trademark that cannot enable consumers to distinguish the applicant’s goods or services from those of other parties;
    • Trademarks that are not registrable in the public interest or to protect private interests.
  • Notification of reasons for rejection: If an application does not meet the substantive requirements, the JPO will send a notice stating the reasons for rejection to the applicant.
  • Written Comments/Amendments: Applicants may submit written comments addressing the grounds for rejection in the JPO notification or submit amendments that would invalidate the grounds for rejection.
  • Approval of registration: If the JPO finally determines that there is no reason for rejection, the trademark registration will be approved.
  • Rejection: If the written opinions and amendments cannot eliminate the grounds for rejection, and if the examiner determines that the trademark cannot be registered, a rejection decision will be made.
  • Request for review: If the applicant is dissatisfied with the examiner's decision to reject the application, the applicant may request a review of the rejection decision.
  • Reexamination review (for rejection decision): 3-5 members of the reexamination committee form a collegial panel. During the review process, if it is determined that the reasons for rejection are eliminated, trademark registration will be granted; if the reasons for rejection continue to exist, the decision not to grant registration will continue to be implemented.
  • Registration (payment of registration fee): After paying the registration fee, the trademark is registered and the trademark right begins to take effect.
  • Announcement: For trademark rights that have been registered and come into effect, the JPO will announce them in the Trademark Gazette.

6. Trademark cancellation

  • After a trademark is registered, anyone can file a review request to declare the trademark invalid; a trademark that has not been used for 3 years or more after registration can be revoked.

7. Trademark objections

  • Interested parties may object to trademark registration in Japan within two months from the date of its publication and upon paying the corresponding fees.

8. Authorization, validity period and trademark renewal

  • The official authorization fee is payable within thirty days from the date of receipt of authorization notification. The validity period of a Japanese trademark is 10 years from the date of registration. Renewal is possible every ten years by paying the renewal fee within six months before the expiry date. It can also be renewed within six months of the renewal expiry date. In the event of unintentional delay, payment of renewal fees may be resumed.

9. Average time for trademark authorization

  • The average time from application to trademark registration in Japan is 4-10 months.

10. Madrid registration

  • The time limit for responding to a provisional refusal of a Japanese international registration is three months. The time limit starts from the date when the Japan Patent Office issues a provisional refusal to the World Intellectual Property Organization. There is an option to request an extension of this time limit. The reply language is Japanese. For applicants who do not live in Japan, it is necessary to appoint a local representative. The office does not provide an opportunity to request an amendment or file an appeal.

11. Documents required for trademark transfer:

  • Power of attorney
  • Change information
  • transfer agreement