Japan
Fees for registering Japan trademarks
First class：
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Additional class：
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Renewal:
Service Process
Trademark registration time
The current trademark regulations in Japan are mainly based on the Trademark Law, which was promulgated on April 13, 1959 and revised on October 1, 2020. The Japan Patent Office is responsible for managing trademark affairs and the official language is Japanese. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The Japanese trademark registration adopts the principle of "application first", but if it is a well-known trademark in that country, it can also claim trademark rights based on "prior use".
Japan is a signatory to international intellectual property treaties such as the Lisbon Treaty, Paris Convention, Nice Agreement, WIPO Convention, and Trademark Law Treaty, and is a member of the Madrid Protocol. Therefore, trademark registration can be handled through either the "single country registration" or the "Madrid International Registration" method.
Trademark Registration Process
At present, the Japan Patent Office adopts the Nice Classification 11th edition of product and service descriptions and accepts applications for multiple categories in one form. The elements that can be registered as trademarks in Japan include: text, name, graphics, three-dimensional identification, color combination, slogan, sound, hologram, and dynamic image.
If the applicant does not reside in Japan, they can apply directly through the website of the Japan Patent Office, but must provide a mailing address in that country. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items (the number of groups for a category of goods/services in the country cannot exceed 23, otherwise actual usage evidence or intended use instructions must be provided);
3. Name and address of the applicant;
4.If priority is declared, the original priority proof document and corresponding Japanese translation must be provided.
The main process of applying for registration of a Japanese trademark is: application acceptance examination approval issuance announcement. The application will be accepted within 1-2 days after submission, and the examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. After passing the review, registration can be granted and a registration certificate can be issued; If the review fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. After obtaining the certificate, an announcement will be arranged, with a 2-month objection period from the announcement date. Any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, the trademark will be officially registered successfully. In a smooth situation, trademark registration in Japan takes about 12 months; If things don't go smoothly and there are objections or rejections along the way, the time will be extended and may take 1-2 years.
Trademark registration materials
The Japanese trademark is valid for 10 years after registration, starting from the date of registration; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The invalidation or revocation application after trademark registration can generally be filed in accordance with the following provisions of the Japanese Trademark Law:
Article 46 of the Trademark Law: (1) Those who violate the provisions of this law, (2) those who know or should have known that someone else has prior rights when applying for a trademark, may apply for invalidation;
Article 50 of the Trademark Law: If a trademark is not actually used in that country for three consecutive years after registration, anyone may apply for revocation; Except for force majeure.
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