The Japan Trademark Registration Process: A Condensed Guide
Anyone can recognize the logo of Apple, McDonald's, Facebook, Starbucks, and Disney. These businesses’ logos are trademarked to protect and distinguish themselves from the rest of their competitors.
So if you are starting a business in Japan, you probably have a mascot or design. And you’re probably thinking, how can I trademark it?
Here, we will go over the Japan trademark registration process so that you can get your goods and services recognized and protected.
What is a trademark?
A trademark gives your business the legal right to use a design or logo in a specific category of goods or services.
While current and new customers can recognize your logo without a trademark, having one protects your business from any infringement, counterfeiting, and fraud from another party.
Using a trademark in Japan is a great way to build and protect your brand’s identity and reputation.
When do I need a trademark in Japan?
Getting a trademark for your business is an important step in your brand’s identity. While there’s no perfect timing of when to get a trademark in Japan, there are a few key events you when you may want to consider getting one:
Establishing a new business
Rebranding
Expanding your business
New product development
International expansion
Whether or not you need a trademark will depend on your business, branding, and expansion plans. There are plenty of English-speaking business support services in Japan that can help you with existing trademark research if you are starting from scratch.
The trademark registration process in Japan
The Japan Patent Office (JPO) website has many resources when it comes to trademarks, patents, and designs. They even made this English guide for the overall trademark process in Japan.
But what follows is a a simplified outline of the process for how to register a trademark in Japan.
The trademark application
The trademark registration in Japan starts with the application, but there are a couple of things to know about it.
JPO’s trademark applications use the "First to File" principle. If there are two or more applications with a similar trademark within the same classification, the one that was submitted first gets the trademark.
The trademark application costs ¥3,400 with an additional ¥8,600 per classification.
You need to send a trademark application with JPO online or through mail. It’s recommended to have a Japanese attorney or representative who can help you with the filing process, especially if you are not in Japan.
The trademark examination
The “Examination Guidelines for Trademarks” will help you know what kind of trademarks can and cannot be registered. It includes checks for existing trademarks and assessments for if your trademark is distinctive enough.
Use the J-PlatPat (Japan Platform for Patent Information) site to see which goods or services your trademark will fall under and use the trademark search to see if there have been other similar registered trademarks.
If your classification is wrong or if your trademark is similar to others, it will not pass the examination and you will have to refile.
The publication
Check your approved application on the JPO Public Notice of Service site.
The opposition period
After the Japanese trademark has been published, there is a 2-month period where any person or business can file an opposition if they believe your trademark infringes on their own intellectual property.
Here are a couple of PDFs for more information:
Filing an opposition will cost ¥3,000 + ¥8,000 per classification.
If you need to file an opposition, appoint a Japanese-speaking representative, especially if you don't reside in Japan.
The certificate
If no opposition is filed or it has been resolved, the JPO will issue a registration certificate for your trademark.
The registration fee is ¥32,900 per classification.
The duration
A trademark registration in Japan will last for 10 years, and you can renew it for another 10 years as long as you continue to use and pay for the trademark fees.
The renewal fee for a trademark is ¥43,600 per classification.
The usage requirement
As part of the trademark law, you need to actively use your trademark logo to keep it. Not using your trademark for three years may lead you to lose your trademark rights in Japan.
The enforcement
As a trademark holder, you can take legal action against any party that uses your trademarked logo without your permission.
Legal actions can include lawsuits, injunctions, and claiming damages to maintain your business brand in the marketplace.
The Madrid Protocol for international trademarks:
You can register your trademark in Japan through the Madrid Protocol, an international trademark system that allows you to have a registered trademark in 130 other countries. While more expensive, the Madrid Protocol will save you time and money.
Here is more information about the Madrid Protocol from JPO: FAQs about the Madrid Protocol
Frequently asked questions
How much does it cost to get a trademark in Japan?
It can cost ¥36,300 to get a trademark in Japan if you are starting from scratch. This amount includes ¥3,400 for the application fee and ¥32,900 for the trademark registration.
There are also additional fees that you can take a look at below:
Does Japan have trademarks?
Yes. The Japanese trademark registration process is the same for Japanese and foreign businesses in Japan.
In closing
The registration of a trademark in Japan protects a business's distinctive identity to make it stand out from the rest of the global market. With the right support system or representative, getting a trademark in Japan is straightforward.
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