How To Register A Trademark In Japan

A trademark represents a unique sign expression or design which serves for the identification of the services or products of a certain source from those of others trademark registration in japan is useful for those company owners who are just starting a business and wish to protect the identity of their company as well as for international businesses that enter the japanese market.

How to register a trademark in japan. A trademark in japan may be cancelled on the basis of non use within a continuous period of 3 years if the corresponding request is filed to the court by an interested party. Japan s first modern trademark law was enacted in 1884. Japanese trademark law is mainly enacted by the trademark act 商標法 shōhyō hō. Average time from filing up to registration of a trademark in japan is 4 10 months. The process starts with a trademark search report and ends once you have your received your registration certificate.

However in exceptional cases well known trademark can be protected even if they have not been filed yet. The registration fee for the first five years must be paid within 30 days from the date on which a certified copy of an examiner s decision or a trial decision stating that the trademark can be registered has been sent. That s because trademark identity is critical for the success of an enterprise in japan and if you want your trademark to be protected under japanese law you must register them. Trademark registration services in japan. Tokai patent is an intellectual property law firm in japan.

It means in 10 to 14 months after the date of filing an applicant will receive either decision of registration which is a notification sent to you when your trademark is approved to be registered or. Our attorneys will file and process your trademark application with japanese trademark office. The registration fee for the last five years must be paid within five years from the day on which the trademark was registered. Under this act only registered trademarks establish a trademark right article 18 and the examination procedure is necessary for trademarks to be registered article 14. Japan is a first to file jurisdiction meaning that it is necessary to register a trademark in order to obtain proprietary rights over it.

The next step is that an attorney files for your particular trademark registration in japan and fulfils all needed steps in the trademark office for getting approval of registration. Now from filing of a trademark application until receiving a first action from an examiner it takes about 10 to 14 months in japan. After the trademark is filed the filing report with the application number date and a scanned copy of the complete application is sent to you. We assist clients worldwide with the registration of trademarks patents designs and utility models in japan.