Trademark Registration in Japan

Japan presents a significant growth opportunity since it provides access to one of the largest markets in Asia and the entire world. Small and medium-sized venture enterprises are the main drivers of Japan's industrial competitiveness. Japan uses the "First-to-File" approach to protect trademarks, even if branded goods or services have not yet been offered there. Therefore, before going globally, any company that wants to brand its products and give protection first registers its trademark in Japan.

A trademark is a distinctive sign, logo, expression, symbol, design, or brand name used to distinguish a product or service from those of rivals. Therefore, trademark registration in Japan is beneficial for individuals who want to start a business there and need to protect their brand in order to compete in the Japanese market. Our top-notch trademark registration specialists in Japan can help you register a trademark as quickly and easily as possible at a very reasonable cost.

Legal Framework for Trademarks in Japan

The Trademark Act of 1959 established the legislative foundation for trademark registration in Japan and also adopted a first-to-file basis for trademark protection. If you have a trademark registration in Japan, it was utilized to protect your brands and also to maintain commercial confidence for the appropriate development of the industry.

Requirements for Trademark Registration in Japan

• Any character, figure, sign, three-dimensional shape, as well as a combination, may be selected for trademark registration in Japan to compete against commercial rivals.

• If you have a trademark registration in Japan, the proposed trademark must be used in conjunction with products made by a business or individual provider.

• Unless it is used in conjunction with goods or services or is only a mark that signifies a common way or name, any original trademark can be registered.

• When a trademark is the same as or similar to a national flag, United Nations symbol, international organization symbol, or medal, or when it is similar to another trademark registration application that was submitted to the Japanese authorities at an earlier time, trademark registration in Japan is not permitted.

• When a trademark has the potential to confuse consumers about the source of the goods or services or to deceive them about the caliber of the products or services, it cannot be registered.

General Steps for Registering a Trademark in Japan

The owner has the sole right to use a trademark anywhere in Japan, and the usual process to register a trademark in Japan is as follows:

• First Application

  Filling out an application for trademark registration that includes a trademark representation is the first stage along with submission of documents with registration fees. The Japan Patent Office then publishes the unexamined application in the Official Gazette.

• Examining Form

  Examining the trademark registration application form is the next step, which entails two examination phases, one for a substantive examination and another for reviewing the formal and procedural requirements to obtain trademark registration in Japan.

• Refusal or Acceptance

  For trademark registration in Japan, the applicant may get either a Notification of Reasons for Refusal or a Decision of Registration following consideration of the application.

• Published in the Trademark Journal

  Following the aforementioned procedures, if the trademark application is approved, the trademark is published in the trademark journal before being registered and published in the Trademark Gazette for potential third-party objection. Any person may appeal the decision to register a trademark by filing an opposition with the Commissioner of the Japan Patent Office.

• Issuing of Trademark Registration Certificate

  The Japanese Patent Office will grant its permission before issuing a certificate of trademark registration for your company.

Japanese Trademark Registration Validity

In Japan, trademark registration is good for 10 years from the date of registration and can be extended for an additional 10 years before it expires. Both the original registration and the renewal process can be helped with by our experts.