JAPAN

• Kinds of Trademarks registrable in JAPAN

  • Following indications may be used as Trademarks in Japan:

    • Distinctive word marks
    • Trademarks comprising of Japanese Characters , alphabetical characters, foreign characters.
    • Device marks, symbols
    • Sign marks
    • 3D marks
    • Shape marks
    • Distinctive and unique marks
    • Combinations of the above with or without colour limitations are registrable

    Types of Marks registrable:

    1. Service marks
    2. Collective marks and
    3. Defensive marks are also registrable.
• Requisites for a Trademark to be registrable in JAPAN

  • Trademarks must contain the following essential requirements to be registrable in Japan:

    • Distinctiveness
    • Non-descriptiveness of the goods and / or services
    • Not be a well known term in the line of business, trade channels of the applicant
    • Not be same / similar / identical either visually and/or phonetically to prior registered / pending marks.

    Note:

    1. For better clarity of sound and pronunciation of the trademarks, they are to be accompanied with Japanese characteristics showing correct pronunciation of such trademarks consisting of foreign words.
    2. Trademarks in a foreign script are better protected by way of separate protection for a Japanese translation of the original foreign language phrase.
    3. Trademarks in foreign scripts are treated as device marks. Hence better protection is obtained by way of Japanese translation or Japanese Characters denoting pronunciation of foreign language phrases and words.
• Kinds of Trademarks not registrable in JAPAN

  • Applicants should bear in mind that the following will not be registrable as Trademarks in Japan:

    1. Trademarks not having distinctive characteristics, or consisting of signs or data that comprise of familiar drawings and ordinary pictures of goods and products.
    2. Every expression, drawing or sign which is immoral or contrary to public order and law of the land.
    3. Public Emblems, Flags, Military Emblems and other symbols or International Organizations and institutions, or imitation of such Slogans therein.
    4. Imitations of the Red Crescent, Red Cross and such other recognized insignia.
    5. Marks which are identical or similar to religious symbols.
    6. Trademarks bearing Geographical names indicating the source or origin of the goods, products or services.
    7. Names, Titles, Images, Logos of third parties without express consent or authorization.
    8. Trademarks misleading the public, containing false information regarding the origin and source of products, services, marks imitated or forged and marks pertaining to fictitious businesses.
    9. Trademarks prohibited by the Ministry of Commerce and Agriculture.
    10. Trademarks identical with or similar to those previously registered and marks degrading, devaluing prior registered marks along with existing businesses and marks that are reproductions, translations, transliterations, imitations of well known marks that are registered.
    11. Applications filed with malafide and vexatious intentions
    12. Trademarks contravening laws and regulations in-force.
    13. Trademarks having a direct references to or a description of the goods and services for which mark is applied.
    14. Directly indicative of quality, principle, raw material, function, use, weight and such other features of the goods and nature of services.

    TrademarkCopia through its associate Law Firms and Lawyers in Japan is at hand to help you with trademark registration and prosecution.

• Trademark Search in JAPAN

  • It is highly advisable to conduct a search of the proposed mark to ensure that a similar mark has not been applied for by other contenders and is not pending registration or is already registered.

    A search is useful in determining the following:

    1. Conflict with existing trademarks.
    2. Confirm validity of the proposed trademark.
    3. Evaluate the filing of the application and assess the risk of nullity and 3rd party claims.
    4. Strategise on the kind of mark to file regarding the denominations such as figurative, coloured, black & white etc.
    5. Search is a useful tool prior to filing of applications since search concerning prior pending marks carried out by the Japanese Trademarks Office.

    Our Attorneys are at hand to assist you with searches and provide opinions about registrarbility of the proposed / coined trademark in Japan.

• Trademark Filing in JAPAN

  • Filing is done with the Trademark office of Japan.

    Applicant has to furnish the following documentation for filing:

    1. Name of the applicant
    2. Logo (if any) in B/W or Colour
    3. Address along with nationality of the Applicant
    4. Classes in which Registration is sought.
    5. Power of Attorney (POA)
    6. Priority details if any.
    7. Details regarding Goods and Services for which registration sought
       (Goods and Services classified as per NICE classification)

    TRADEMARKCOPIA.COM will assist you with the following:

    • Filings
    • Infringement & Opposition Actions
    • Renewals
    • License and Assignment procedures
    • Trademark Watch Services
• Trademark Examination in JAPAN

  • Examination is conducted pertaining to two aspects:

    1. Formality Examination: is carried out to ensure that the application fulfils all the necessary procedural and formality requirements. The applicant would be notified regarding corrections and / or amendments as necessary to carry out the same within a stipulated time period else, application is deemed abandoned.
    2. Substantive Examination: is carried out to ensure that the trademarks meet all the substantive requirements as per the act.

    After examination, in the event the application fails to meet the substantive requirements, a notification is sent to the applicant for either a written argument countering the notification or to carry out amendments as required.

    In the event reasons for refusal are overcome, then a decision to register the mark will be taken.

• Trademark Publication & Opposition in JAPAN

  • Once the trademark is registered and it has come into force, the contents are published in the trademark gazette.

    Any person from the general public may file an opposition to the decision regarding the registration of the trademark. Even after registration, if the trademark is found to have a flaw, any person may appeal for its invalidation.

    TrademarkCopia through its experienced Trademark Lawyers and Trademark Attorneys in Japan can comprehensively assist you with trademark opposition and prosecution.

• Trademark Registration in JAPAN

  • Post formalities and substantive examination, the trademark application proceeds for registration.

    Trademark registration in Japan is valid for 10 years from the date of registration. After which it can be renewed for another 10 years.

    Rights of Trademark Owners: Trademarks may be:

    • Transferred in whole or in part with or without compensation
    • Inherited
    • Assigned and licensed.
    • Mortgaged and creditors may seize such trademarks belonging to their debtors.
    • Licensed to natural or legal persons
    • Prevented from unauthorized usage by third parties, illicit selling and fake branding.
    • The subject of appropriate redressal from a court of law upon infringement
• Trademark Usage in JAPAN

  • Prior to registration: Usage of the mark prior to filing of the application does not have any advantage except for well known marks that are protected. Post Registration:

    Trademarks are to be used within three years else, they may be nullified for want of usage. Usage even once within three years post registration is enough to prevent cancellation of trademark rights.

• Trademark Cost of Registration in JAPAN
  • col1	col3	price	total
    sadaf	fd	780	43
    bdbf	f	980	3
    gmgm	gg	500	2
    JORDAN		700	1
    		33	33
    		2993	82

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