Japan

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:

Nice Classification

  Requirements: 

  • Name and address of Applicant
  • Mark (word mark, device mark, 3D mark
  • List of Goods and/or Services, and Classification
  • Priority Claim, if desired

Procedure:

  • 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.


 Fee Structure
          
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