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Trademark search, application, registration and renewal in Japan

Information on Japanese trademark

BASIC OF JAPANESE TRADEMARK

  • System: First-to-file rule
  • Time Frame: 5 months to 6 months for registration if there is not an objection
  • Service mark: Yes
  • Multi-class application: Yes
  • International class: Yes – Nice classification
  • 3 dimensional mark: Yes
  • Smell mark: No
  • Sound mark: No
  • Associated marks: No
  • Examination: Absolute grounds and Relative grounds
  • Consent system: No
  • Disclaimer requirement: No
  • Accelerated examination: Yes
  • Opposition: After registration - within 2 months form publication date of the Official Gazette
  • Renewal : 10 years from registration date
  • Use Requirements: Not required for registration and renewal. However, a registered trademark is vulnerable to cancellation if it has not been used for a period of consecutive 3 years.

REQUIRED DOCUMENTS FOR TRADEMARK/SERVICEMARK APPLICATION

  1. Full details of the applicant (name, address, nationality etc)
  2. One clear print to be filed
  3. A list of the wares and service in association with the mark to be registered
  4. A certified copy of priority documents (If convention priority is claimed)

PRIORITY CLAIM

  • Priority can be claimed if application in Japan is filed within 6months from the　filing date of 1st country. A certified copy must be filed within 3 months from the filing date in Japan.

EXAMINATION PROCEDURE

  • After the formalities of application documents are checked, marks will be examined as to distinctiveness and existence of any senior marks etc. If no reason for refusal is found, marks will be registered by payment of registration fee. In this payment, 5 years or 10 years is optional. Once registration fee is paid, mark will be matured into registration and then mark will be published on official gazette for the purpose of opposition for 30 days. If opposition is approved, then registration is cancelled.

TRADEMARK RIGHT

  • Trademark right will be in force for 10 years from registration date and can be renewed every 10 years by payment of renewal fee. Payment of renewal fee must be made from 6 months before the expiry date. Payment within 6 months after the expiry date is allowed with penalty.


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