Japanese trademark registration

How to apply for Japanese trademark registration

Japanese trademark

1. Japan is a member of the Paris Convention for the Protection of Industrial Property, the Nice Agreement on the International Classification of Goods and Services, the Madrid Agreement on the International Registration of Marks, and the International Association for the Protection of Intellectual Property.

2. Product trademarks, service trademarks, collective trademarks, and defense trademarks can all be registered in Japan. The trademark classification adopts the International Classification of Goods and Services for International Registration of Trademarks, and the acquisition of Japanese trademark rights is based on the principle of prior application.

3. According to the Japanese Trademark Law, the following trademarks are not registered due to their lack of distinctive design features:

(1) A trademark represented by the name of the product itself.

(2) A trademark that is identical or similar to a "customary trademark". For example, the term "authentic" for Japanese sake was originally used as a trademark by a certain company, but over time other companies that manufacture similar products also use it to represent their own products or as part of their trademark. Generally, customers often combine such text or graphics with this type of product, making it difficult to distinguish which company's product it is, and this "customary trademark" cannot be registered.

(3) Any trademark that represents the place of origin, place of sale, quality, raw materials, purpose, quantity, shape, price, production, processing, and use methods, as well as the period, of a commodity in a common way.

(4) Any trademark that represents common names or titles in a common way, such as "Tanaka", "Ikeda", etc.

(5) Extremely simple and common markings. Like a Japanese letter or an English letter.

(6) Other trademarks that make it difficult for customers to recognize the distributor.

(7) Trademarks that are identical or similar to the chrysanthemum emblem (a symbol of the Japanese royal family), national flag, medal, United Nations or other international organization logos, as well as trademarks related to harmful customs.

Required documents for applying for a Japanese trademark

1. Apply as a legal entity, with one copy of the Business License or valid registration certificate stamped with the official seal; Apply as a natural person with one copy of personal identification document attached;

2. The applicant's detailed information (in both Chinese and English), including name or title, nature, nationality, as well as detailed address, postal code, and contact information;

3. Electronic trademark samples;

4. Product name and category;

5. Priority declaration (if necessary);

Japanese Trademark Registration and Process

1. Applicant qualifications: Domestic or foreign legal persons, natural persons, or organizations can apply for trademark registration.

2. Application process (smooth progress):

(1) Formal review: After submitting the application, provide the application number and confirm the application time. At this stage, review whether the application documents meet the requirements.

(2) Substantive examination: Review whether the trademark has registrability, such as distinctiveness, in accordance with the law. If the examiner considers that the trademark is not suitable for registration, a rejection notice shall be issued. The applicant can provide a response within the specified time. The applicant can also apply for a delay in responding.

(3) Announcement: After the trademark is reviewed, the applicant will be informed that the trademark application has been accepted and published in the trademark announcement. Anyone can raise objections within the 2-month announcement period, stating their reasons and submitting relevant evidence.

(4) Registration approval: Trademarks that have been ruled to be eligible for registration after opposition, or trademarks that have been published without opposition, will be approved for registration and a registration certificate will be issued. The entire smooth application process (if there are no rejections, objections, etc.) will take approximately 18-25 months.

3. Validity period: 10 years from the date of registration. If the registration needs to be continued after the expiration of the validity period, an application for renewal registration should be made 6 months before the expiration of the validity period. Each renewal registration is valid for 10 years; A six-month grace period, but additional fees must be paid.