HOW TO REGISTER A TRADEMARK IN JAPAN

I.             REQUIREMENT DOCUMENTS

a.    Name, address and nationality of applicant;

b.    The country and filing date of the priority application if the right of priority is claimed.

c.    The trademark details and clear copy of the logo;

d.    The designated class/goods thereof;

e.    Priority documents if the right of priority is claimed

II.            GENERAL TIME FRAME OF TRADEMARK REGISTRATION IN A SMOOTH CASE

The approximate time from application to registration (for a regular prosecution, without opposition) is 4 to 10 months, assuming that no Office Action is needed.

III.         VALIDITY TERM

The validity term of a trademark in Japan is 10 years from the registration date.

It can be renewed every ten years by paying a renewal fee within six months before the expiration date. It may also be renewed within six months after the renewal due date.

A trademark in Japan may be cancelled on the basis of non-use within a continuous period of 3 years if the corresponding request is filed to the court by an interested party.

IV.    PROCEDURE

1.        Publication of Unexamined Application

The JPO will publish the content of an application in the Official Gazette after filing.

2.        Formality Examination

An application document submitted to the JPO will be checked to see whether it fulfills the necessary procedural and formal requirements. An invitation to correct will be made where necessary documents are missing or required sections have not been filled in.

3.        Substantive Examination

An examination will be made of whether the application fulfills the substantive requirements. The following trademarks will be refused as they are deemed not to meet the substantive requirements:

          i.     Trademarks which do not enable consumers to differentiate the applicant’s goods or services from those belonging to other parties

        ii.     Trademarks which are un-registrable for reasons of public interest or for the protection of private interests

Where an application fails to meet the substantive requirements, a notification of reasons for refusal will be sent. An applicant may submit either a written argument against a notification of reasons for refusal or an amendment that would nullify the reasons for refusal.

4.        Decision of Registration/Refusal

If it is ultimately judged that there are no reasons for refusal, a decision to register a trademark will be made.

If a written argument and an amendment cannot eliminate the reasons for refusal, and if the examiner judges that the trademark cannot be registered, a decision of refusal will be made.

5.        Registration

With the payment of the registration fee, the registration of the trademark right will take place and the trademark right will come into force.

6.        Publication of a Trademark Gazette

As for the trademark right which has been registered and come into force, the contents are published on the trademark gazette.

In case you require more information or require advice on trademark in Vietnam, Japan as well as other IP matters, please do not hesitate to contact us via:

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