Non-use Cancellation

1. Non-use Cancellation Trial

In Japan, a registered trademark may be cancelled if it has not been used in Japan for three consecutive years or more in connection with the designated goods or services.

Any person may file a request for a non-use cancellation trial with the Japan Patent Office (JPO).

The cancellation may be requested for all or part of the designated goods or services.

2. Defense against Cancellation

To defend against a non-use cancellation trial, the trademark owner must generally prove that the registered trademark has been used in Japan during the relevant three-year period.

Use by the trademark owner or an authorized licensee may constitute valid use.

If sufficient evidence of use cannot be submitted, the registration may be cancelled for the goods or services subject to the trial.

3. Evidence of Use

Evidence should clearly demonstrate the trademark used, the relevant goods or services, the date of use, and use in Japan.

Typical evidence may include invoices, catalogs, advertisements, websites, product packaging, labels, and photographs.

We review the available evidence and advise whether it is sufficient under Japanese trademark practice.

4. Fees

The cost of a non-use cancellation trial generally consists of JPO official fees and our professional fees.

The total cost depends on the number of classes involved and whether additional procedures, such as filing a written rebuttal or attending oral proceedings, are required.

Please contact us for a detailed quotation based on your case.