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Trademarks in Japan

Introduction

Applications for multiple classes

In Japan, applications for trademarks in various classes are possible.

Japan's filing requirements

A trademark application in Japan must include the following information in order to receive the filing date-

  • A request to register a trademark in Japan
  • A representation of a trademark
  • A list of goods and services.
  • Certified copy of the Priority Document within three months after the application's filing date must be submitted.
  • The front page must be translated into Japanese.
  • The Power of Attorney is not needed to register a trademark. For some exceptional processes, like assignment and filing an appeal, a POA is necessary.

Japanese trademark application publication, opposition, and review

In Japan, trademark applications are assessed for distinctiveness and a search for earlier trademarks is done. After filing, the trademark application is first published (approximately one month after). After registration, a trademark is published for the second time. An interested party may file an opposition against a trademark registration in Japan within two months of the date of its publication, subject to payment of the applicable price.

Grant, duration of validity, and renewal of a trademark

Within thirty days of the date on which you received the Notice of Allowance, you must pay the official grant fee. In Japan, a trademark is valid for ten years following the date of registration. By paying a renewal cost within six months of the expiration date, it can be renewed every 10 years. Within six months after the renewal deadline, it may also be renewed.

Duration of the registration process

In Japan, it typically takes 4 to 10 months from filing to registration of a trademark.

Use requirement

If the appropriate request is made to the court by a party with an interest, a trademark in Japan may be cancelled on the grounds of non-use for a continuous period of three years.

Using a trademark attorney as representation

It is necessary for foreign applicants to conduct trademark prosecution in Japan through a licensed Japanese trademark attorney.

Charges

  • Search costs First class: $100.00; subsequent classes: $90.00
  • The cost only applies to wordmarks. A figurative element (logo) in the trademark will incur an extra price of $30 USD per class.

  • Cost of applications First class: $800.00; subsequent classes: $500.00
  • After the trademark is approved, the remaining registration fee is due: First class is $680 and each subsequent class is $520.

Trademark Procedure

  • Is Japan a trademarked country?
  • In order to be registered in Japan, a trademark does not need to be in use right now (either domestically or abroad); as long as certain requirements are completed, a trademark can be registered in Japan even if its owner intends to use it in the future.

  • What does a trademark cost in Japan?
  • What information must be provided on an application form? In an application, more than one class of products or services may be covered. The official price for the first class is 12,000 yen, and the price for each successive class is 8,600 yen. There can be just one mark on an application.

  • What is the time frame for trademarking in Japan?
  • How long does it take to register a trademark in Japan? Without any issues, such as a JPO examiner rejection or an objection from your rivals, it usually takes 6 to 8 months to file and register a trademark application.

  • In Japan, how long are trademarks valid?
  • Ten years after the trademark's registration date, a trademark right expires. By submitting a request for renewal six months before your trademark right expires, you can extend it. When you apply to renew your trademark rights, you must also pay the renewal charge.

  • How can I trademark in the most affordable way?
  • Through the Trademark Electronic Application System of the USPTO, online registration is the quickest and least expensive option for trademark registration (TEAS). Keep in mind that each application is limited to one trademark registration.

  • Can I get a name for free to trademark?
  • Common law trademarks can be registered for no cost and without filling out any paperwork. Because you will always have to pay at least a minor charge to cover the costs of processing and analysing your trademark registration, there is no way to register a name trademark for free. There is no free federal trademark available.

  • If a trademark is not renewed, what happens?
  • Because of the fierce competition in business, there is a good danger that someone will use your trademark if it is not renewed by the deadline. In unusual conditions, it might happen. However, given that the trademark renewal is still ongoing, it is feasible. The rival may file for trademark registration.

  • How can I find out if a name is trademarked?
  • Head over to TESS and select a search option to search the USPTO's trademark database. Use the trademark name search if you're looking for a name. Using the USPTO's Design Search Code Manual, you must first look up your design code if you are searching for a design mark, such as a logo.

  • Invalidation of trademarks
  • Any defence that could have prevented original registration may be used by the party contesting trademark rights if the registration is less than five years old. The most frequent grounds cited to invalidate trademark rights are the potential of confusion and descriptiveness.

    How often can a trademark be renewed?

    The number of times you can renew your trademark is unbounded. As long as you're continuously using the trademark in commerce and in the ways specified in your registration, you can and should keep renewing your registration every ten years. Your trademark might be able to last indefinitely with consistent renewal.

    Suppose my trademark is turned down?

    The applicant's ultimate recourse once the registration is rejected is to file an appeal with the Intellectual Property Appellate Board (hereinafter referred to as IPAB). Within three months after the day the registrar issued the rejection decision, an appeal to the IPAB must be submitted.

    Does the cost of a trademark have to be paid annually?

    You must continue to pay maintenance costs once your trademark registers in order to maintain its registration. For further information, see the cost structure and our information on trademark fees.

    What Is Not Trademarkable?

  • Proper names or likenesses used without the owner's permission.
  • Phrases, generic terminologies, or the like.
  • Insignia or symbols of the government.
  • Phrases or words that are vulgar or derogatory.
  • A current or past U.S. president's likeness.
  • Slanderous, dishonest, or immoral phrases or symbols
  • Short motifs or sounds.
  • What occurs following the approval of your trademark?

    Your trademark is published in our weekly online Trademark Official Gazette once it has been given the all-clear for publication. You haven't yet registered your trademark. Once your trademark is published, a 30-day window opens up for the public to object if they believe their rights will be violated.

    What Are the Different Types of Trademarks?

  • Marks that are arbitrary and imaginative.
  • Marks that imply something.
  • Detailed Trademarks.
  • Can a single word be trademarked?

    Any word, phrase, symbol, design, or combination of these that distinguishes your products or services might be considered a trademark. Customers use it to recognize you in the marketplace and set you apart from your rivals.

    Can Trademarks may be taken?

    The truth is that there is no assurance that your trademarks won't be stolen, even if you have registered every one of them.

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