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400-711-2005
A Japan trademark application has to be filed at the Japanese Patent Office. Currently the Japanese Trademark Act only accepts traditional trademarks such as alphabet or logo, three-dimensional shapes are the only non-traditional trademarks that can be registered under the Japanese Trademark Act. However, registration of three-dimensional mark is extremely hard in Japan.
Japan is a member of the Madrid System therefore a trademark registration in Japan using the Madrid System (International trademark registration through WIPO) is possible instead of a national trademark registration in Japan.
A Japan trademark application has to be made in the Japanese language and filed by a Japanese agent. The examination includes publication of the unexamined application, formality examination, distinctiveness examination and a search for prior trademarks. Once these steps have been successfully completed, your trademark will be registered in Japan. After the registration, the trademark will be published in the Japanese trademark gazette for a period of 2 months from the publication date, this period is called the opposition period. Any third party who has a similar or identical trademark could oppose the registration of your trademark in Japan during the opposition period. Therefore, a proper search for previous trademarks before filing the trademark in Japan is advisable to prevent wasting time and money. The duration of a trademark registration in Japan is 10 years from the date of registration and can be renewed for a period of 10 years.
After obtaining your trademark registration in Japan you will have to use it inside the territory of Japan within 3 years. If the trademark is not used within this period or you stop using it for 3 consecutive years later, third parties may request the cancellation of your trademark.
Trademark registration Japan
Trademark registration Japan - Japan is a member of the Madrid Protocol. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. Japan follows the first-to-file system.
Trademark registration: Requirements
Japan is a member of the Madrid Protocol. Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition. Japan follows the first-to-file system.
Trademark registration: Procedure
The application process includes a formal examination and an examination of distinctiveness, but no search for prior trademarks. It takes approximately 10-15 months from first filing to registration. After registration, the trademark is again published in the Trademark Gazette (Shohyou Kouhou). The opposition period is 2 months from publication of the trademark application.
Trademark registration: Duration
A trademark registration in Japan is valid for 10 years and starts with registration date. The registration is renewable for periods of 10 years.
Trademark registration: Methods
NATIONAL REGISTRATION: If you just want to register your Trademark in one country, it is sufficient to apply for a national registration at the local trademark office. INTERNATIONAL REGISTRATION (MADRID SYSTEM)*: If you already have filed a trademark application or have a trademark registration in one or more countries of the Madrid Union (based on the Madrid Agreement and Madrid Protocol), you can obtain trademark protection by filing one single application, so called International Registration (Madrid System). *Note: The fees for an International Trademark Application (WIPO) will be calculated for each individual country or multiple countries. For a quotation please send us an e-mail with the name of countries where you currently have a registration and all preferable countries where you wish to extend your trademark protection.
Extra
Duly note, a trademark must be used within 3 consecutive years of the registration date and for 3 consecutive years thereafter, otherwise the registration will become vulnerable to cancellation for non-use.
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