I. Overview of Japanese Trademark Registration
Japan is the world's third-largest economy, following the United States and China. It is a highly developed capitalist country. Due to a lack of natural resources, its economy heavily relies on imports, which has led many enterprises to expand into the Japanese market. To establish a firm foothold in this market, it is essential to first register your own trademark in Japan.
1. Basic Knowledge
① Application Principle: Japan adopts the 'first-to-file' principle for trademarks. However, well-known trademarks may also claim rights based on 'first-to-use.'
② Trademark Types: According to Article 2 of Japan's Trademark Law and related administrative regulations, elements that can be registered as trademarks include: words, graphics, symbols, three-dimensional shapes, colors and color combinations, sounds, holograms, motion marks. Position marks are also recognized.
③ Application Routes: File directly with the Japan Patent Office (JPO); or apply by designating Japan through the Madrid international trademark system.
④ Trademark Validity: The trademark right is valid for 10 years from the registration date. The trademark owner must complete the renewal procedures within the 6 months before expiry; if not completed during this period, a 6-month grace period is available (subject to payment of additional fees). If not renewed by the end of the grace period, the trademark becomes invalid.
2. Registration Notes
① Applicant Requirements: Both natural persons and legal entities can apply for trademark registration. If the applicant is not a resident of Japan, they must appoint a local professional agency in Japan to handle the process.
② Required Documents:
➤ Applicant Information: For legal entity applications, provide a photo or scanned copy of the business license; for natural person applications, provide a photo or scanned copy of personal ID.
➤ JPO Code.
➤ Applicant's name and address in Chinese and English.
➤ Confirmed trademark name or logo, class, and subclass (goods/services).
➤ If claiming priority, provide the priority document and its corresponding Japanese translation.
Note: If the trademark is plain text without design, it does not need to be represented as an image; text description is sufficient. If it is a design graphic without specified color, provide a clear image with a white background and black subject. For specified colors, provide a clear color image.
③ Trademark Fees: Japanese official fees are divided into application fees and registration fees. For new applications or subsequent designations of Japan, the application fee must be paid first. After examination and approval by the JPO, the registration fee must be paid.
3. Registration Process:
The main process for registering a trademark in Japan is: Application → Acceptance → Examination → Approval → Certificate Issuance → Publication.
II. Frequently Asked Questions about Japanese Trademark Registration
1. Under what circumstances is a Japanese trademark application likely to be rejected?
Answer: ① Identical trademarks, or if someone has already successfully registered an identical trademark; or if a similar name exists in a related class; ② Same pronunciation or identical core words; ③ Famous personalities, place names, countries, organizations, literary and artistic works; ④ Direct descriptions of product attributes or clearly lacking distinctiveness.
2. What is a JPO Identification Code?
Answer: The JPO Identification Code is a unique code assigned by the Japan Patent Office to an applicant during their first trademark application in Japan, based on the applicant's name and address. It functions like an ID number. When the same applicant files for another Japanese trademark later, entering this JPO code will automatically match the applicant's name and address, ensuring consistency in applicant information.
3. What are 'Application Number' and 'Registration Number'?
Answer: The 'Registration Number' is the number assigned after the trademark certificate is issued. The 'Application Number' is the number provided upon issuance of the filing receipt.
English
中文
Copy product links
Long by picture save/share
