Trademark Act (Act No.127 of April 13, 1959, as amended up to Act No. 55 of 2006). Japan is a member of the Madrid Protocol. Trademark protection is obtained by registration. Japan follows the first-to-file system.
Trademark registration classification:
- Name and address of Applicant
- Mark (word mark, device mark, 3D mark
- List of Goods and/or Services, and Classification
- Priority Claim, if desired
- In order to obtain a trademark right, an applicant must fill out the forms and submit them to the Japan Patent Office.
- Once an application is filed, an application number will be assigned.The date of submission of the application before the Japanese Patent Office is the filing date.
- Once an application is filed, the examiner at the Japanese Patent Office will examine it and will issue a Notification if it is accepted or rejected.
- If accepted, then a registration fee must be paid within 30 days from the mailing date of the Notification.
- Once the registration fee is paid, trademark rights will be established and recorded in a trademark register.
- After registration is established, the registration will be published for opposition.
- Within two months from the date of publication of trademark registration, anyone can file an opposition.
- It takes approximately 10-15 months from first filing to registration
Duration and Renewal: A trademark registration in Japan is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.