Getting your Trademark in Japan

With the highly developed economy in the world, Japan sets itself apart as the global center of a technologically advanced country. As per the data released by IMF and World Bank, Japan is the third-largest economy in the world by nominal GDP and fourth-largest in terms of purchasing power parity. It’s the world’s second-largest developed economy. With such huge economic power, Japan also plays a leading role in the organization such as G7 and G20. With an estimated GDP per capita of around $39,048 and with trillions in foreign exchange reserves, it is having one of the largest consumer markets in the world. This proves that Japan is an undisputed leader in terms of a technologically driven country. Having major hub of Multinational Corporation, there are various other major companies which are making their base in Japan. For all those, it becomes very important for the companies to understand the procedure for getting a trademark in Japan.

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Getting into the filing

For initiating your registration for the grant of trademark, the applicant must apply the application with the relevant documents needed to substantiate the invention at the Japan Patent Office (JPO). As is followed by all countries regarding the priority filing, Japan also undertakes a similar procedure whereby the filing of the mark must be done at the priority so that any other mark must not claim priority over your own.

After applying, the office at the JPO will check with all the necessary formalities and procedural requirements that need to be fulfilled. In case, there are any missing documents, the office will intimate the applicant regarding the same. The JPO will publish the content after filing. Thereafter, a substantive examination will be done where it will be checked that the application must fulfill all the requirements or not.

• Trademarks that do not enable consumers to differentiate the applicant’s goods or services from those belonging to other parties
• Trademarks that are unregistrable for reasons of public interest or for the protection of private interests

In case, the application does not suffice any requirements, the notification for the refusal will be sent to the applicant who can submit either a written argument or an amendment. In case, the applicant submits the amendment, it means the applicant accepts the refusal and will want to change the mark. With the submission of the arguments by the applicant, the examiner will determine whether to take for the grant of trademark and also will scrutinize the argument or amendment being put by the applicant and whether it negates the reason of refusal or not.

If the examiner is satisfied, the trademark is granted. If not, then the grant of a trademark can be refused. Such refusal can be appealed by the applicant to a collegial body of three or five appeal examiners. The body will scrutinize the appeal and will provide with the appeal decision. The appeal decision can be either for the grant of trademark or the refusal. In case of the final grant, the applicant’s trademark right will come into effect and entered into the trademark gazette on the satisfaction of registration fees.

Also, after the publication, if any person feels that the trademark infringes his/her trademark can file to the Commissioner of the JPO. This will again be examined by a collegial body of three or five appeal examiners who can decide on the validity of the trademark. Moreover, if the trademark has not been used after registration for three years or more, an appeal for revocation may be charged. In case of dissatisfaction, the aggrieved party can appeal to the Intellectual Property High Court.

The strong experienced team at IPLF has helped multiple clients in getting their trademark registered in Japan.

Author: Saransh Chaturvedi an associate at IP & Legal Filings, in case of any queries please contact/write back to us at support@ipandlegalfilings.com.