Japan is a “first-to-file” jurisdiction, which means that registering a trademark is required to secure exclusive rights to it. In extreme cases, however, well-known trademarks might be protected even if they have not yet been filed. In Japan, trademark applications must be submitted to the Japan Patent Office (JPO).
The Madrid Protocol includes Japan as a signatory. As a result, this country can use the Madrid System to extend an international trademark registration.
Japan’s filing requirements
A trademark application in Japan should include the following information to acquire the filing date:
– a request to register a trademark in Japan;
– representation of a trademark;
– the list of goods and services.
Within three months after the filing date of a trademark application in Japan, a certified copy of the Priority Document must be filed. A Japanese translation of the front page is required.
In Japan, a Power of Attorney is not required to register a trademark. For some particular measures, such as assignment and appeal filing, a POA is required.
Publication, opposition, and examination of a trademark application
In Japan, trademark applications are examined for distinctiveness and a search for prior trademarks is carried out. After filing, the trademark application is published for the first time (approximately one month after). After registration, the trademark is published for the second time.
An informed party may file an opposition to trademark registration in Japan within two months after the date of publication, subject to payment of the appropriate price.
Grant, validity term, and trademark renewal
A trademark in Japan has a 10-year validity period from the date of registration. It can be renewed every 10 years for a cost within six months of the expiration date by paying the renewal fee. It is also possible to renew it within six months after the expiration date.
How long does it take to register a trademark in Japan?
In Japan, the average duration from filing to the registration of a trademark is 4-10 months.
Use requirement
If an interested party files a matching request with the court, a trademark in Japan can be canceled on the basis of non-use for a continuous period of three years.
Representation by a trademark attorney
For international applicants, trademark prosecution in Japan must be handled by a registered Japanese trademark attorney.
You could find the list of Japan IP Firms here.