A Closer Look at the Trademark Registration Process in Japan

For businesses operating in Japan, trademark registration is an important step in protecting their brand. Trademark registration gives business owners the exclusive right to use their mark in commerce and can help prevent others from using a similar mark that could cause confusion. In addition, registered trademarks are easier to enforce than unregistered ones.

Businesses that do not register their trademarks in Japan risk having their marks infringed upon by others. Infringement can result in lost sales and damage to the business's reputation. In some cases, it may even be impossible to continue using the mark in Japan. To avoid these risks, business owners should consider registering their trademarks in Japan.

There are many benefits to trademark registration, but it is important to understand the process and the requirements before beginning. Following are the key steps in the trademark registration process in Japan:

Trademark Search & Application Filing

The first step in obtaining a trademark in Japan is to do an online trademark search to see if the mark you're looking for is already being used. After you've chosen a suitable trademark, the registration process begins. An application form must indicate the name and address of Applicant, the sample mark, official fee, list of goods and/or services that are to be covered under the mark, and classification of such goods and/or services. A priority must be claimed at the time of filing, if desired. Japanese characters to your foreign-word trademark can also be added in the same application itself. After you file an application, the Japanese Patent Office will assign it an application number. The date of your application's submission is considered as its filing date.

Examination

Once you file the application, the examiner at the Japanese Patent Office (JPO) will review it. If they find that your trademark cannot be registered, they'll send you a Notification of Reasons for Refusal and give you three months to respond to their findings, starting from the mailing date of the notification. But if needed, there is always room for extension; one month specifically. Although descriptions of goods and/or services may be altered, it's impossible to amend the trademarks themselves. If the applicant's response fails to persuade the examiner, they will issue a final rejection. It is possible to appeal against the final refusal by filing an appeal against it. An appeal is reviewed by a panel of three or five examiners, resulting in a more impartial decision.

Payment of Registration Fee

You will be issued a notification of registration if the examiner cannot find any reasons to reject your application or if the examiner’s rejection is successfully overcome. A registration fee must be paid within 30 days from the mailing date of Notification, and can be paid in two-installments. If you don't pay this fee, your application will be irrevocably dismissed.

Establishment of a Trademark Right

Once the registration fee is paid, the trademark rights will be immediately established and recorded in a Trademark register. These rights are effective for 10 years from the date of registration. However, if a registered trademark in Japan is not used for more than 3 years, it can get canceled by request from a third party due to non-use. And if such a request is filed, whoever holds the trademark registration must produce documented proof of use within a given timeframe.

Publication & Opposition

The registration will be published in the trademark gazette for opposition once it has been established. Within two months from the date of publication of trademark registration, anyone can file an opposition with the Commissioner of the JPO. Upon examination, the JPO can either decide to maintain the registration, or issue the registrant a Notice of Reasons for Cancellation, against which the registrant can file an appeal. However, if the JPO is still not convinced of the credibility of the registration, they will make a decision to revoke the trademark right.

Renewal

A trademark right is valid for ten years from the date of registration. You can renew it for periods of ten years, but you must file a request to renew it within six months before the original term expires. If you wait until after expiration, you may still be able to renew by paying an additional fee if you submit your request within six months after expiration.

Trademark registration in Japan is important for business owners who want to protect their brand and avoid infringement. The process can be complex, but working with a qualified team can help make it easier. Our team of legal professionals can guide you through the process and make sure that your application is complete.

Contact Global Trademark Company today to learn more about how we can help you protect your business!