1. Japanese Trademark System
Trademark rights in Japan are granted through registration with the Japan Patent Office (JPO).
Japan adopts the first-to-file system. In principle, the person who first files an application for a trademark is entitled to obtain registration, subject to examination by the JPO.
A single application may cover multiple classes of goods and/or services under the Nice Classification.
The term of a trademark right is 10 years from the date of registration and may be renewed repeatedly for additional 10-year periods.
2. Registration Procedure
The general procedure for obtaining trademark registration in Japan is as follows:
Application → Examination by the JPO → Decision of Registration → Payment of Registration Fee → Registration
If the JPO finds grounds for refusal, a Notification of Reasons for Refusal (Office Action) will be issued. The applicant may respond by filing an argument and/or amendment within the prescribed period.
No proof of use or declaration of intent to use is required when filing a trademark application in Japan.
3. Required Information and Documents
For a standard trademark application in Japan, we generally require the following information:
Applicant's name and address
Trademark to be registered
Goods and/or services to be designated
Priority information, if priority is claimed
A Power of Attorney is generally not required for filing a standard trademark application in Japan.
If priority is claimed under the Paris Convention, information concerning the priority application and, where necessary, a priority document will be required.
4. Examination and Registration Timeline
According to the latest statistics published by the Japan Patent Office (JPO), the average period from filing to the first examination result for trademark applications is approximately 6.6 months.
The average period from filing to the completion of the registration process is approximately 7.5 months.
These periods are averages and may vary depending on the case. If an Office Action is issued, the overall procedure may take longer depending on the nature of the refusal and the response required.