The Japan Trademark Registration Process: A Condensed Guide
Curious how to register a trademark in Japan?
Japan trademark registration is the process of obtaining exclusive rights to use a logo, name, or other distinctive mark in connection with specific goods or services in the country.
Trademarks in Japan are governed by the Trademark Act (商標法, shohyoho) and administered by the Japan Patent Office (JPO).
Japan operates on a first-to-file basis, meaning the first applicant to file a trademark application for a given mark in a given class of goods or services will generally be granted the trademark right, regardless of who used the mark first. This makes early filing critical for any business operating or expanding in Japan.
Anyone can recognize the logo of Apple, McDonald's, Facebook, Starbucks, and Disney. These businesses' logos are trademarked to protect and distinguish themselves from competitors. If you are starting a business in Japan and want to protect your brand identity, registering a trademark gives you the legal right to use and enforce your mark across Japan and take action against infringement. Here is how the Japan trademark registration process works.
What is a trademark?
A trademark grants your business the legal right to use a logo design or other distinctive mark within a specific category of goods or services.
Customers can recognise your logo without a trademark, but registration gives you something much more valuable: concrete legal tools to protect your brand under Japanese trademark law.
Here is what a registered trademark right in Japan actually gives you.
Nationwide exclusive rights. You become the only party legally permitted to use your registered mark in connection with your designated class of goods or services across all of Japan.
Protection against similar registrations. The Japan Patent Office will block any third party from registering an identical or similar trademark for identical or similar goods or services, stopping competitors from riding your brand's reputation.
Customs border enforcement. You can record your trademark with Japanese Customs, giving authorities the power to detain and seize counterfeit goods at ports of entry before they reach consumers or retailers.
Legal standing to enforce your rights. Trademark registration gives you the standing to take court action, seek injunctions, and claim damages against anyone who uses your mark in Japan without permission.
Without trademark registration, enforcing your brand against infringers is significantly more difficult and expensive. You would need to independently establish the mark's well-known status in Japan before any enforcement action, which is a costly and uncertain process.
Japan's Trademark Act also recognizes a wider range of protectable marks than many businesses realize. In addition to standard word marks and logo designs, you can register sound marks, motion marks, color marks, position marks, and hologram marks. If your business has a distinctive jingle, an animated logo, a signature color scheme, or another unique brand element, those can also be protected under Japan trademark registration alongside your primary mark.
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.
However, before starting, it is useful to understand the typical timeline.
A straightforward Japan trademark registration with no objections or oppositions takes approximately 12 to 18 months from the date of filing to the date of registration.
If the examiner issues a notification of reasons for refusal and you need to respond, or if an opposition is filed after publication, the total process can take up to three years.
Planning your trademark registration well in advance of your product launch or market entry is strongly recommended, particularly given Japan's first-to-file rule. Filing early protects your trademark right before a competitor can file a similar application.
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 class of goods or services designated.
For example, an application covering a single class of goods costs 12,000 yen in total application fees.
An application covering three classes costs 3,400 yen plus 25,800 yen, totaling 29,200 yen in application fees alone.
The registration fee of 32,900 yen per class is paid separately after the examination is passed. The registration fee can be paid in a single lump sum or in two installments of 17,200 yen each, covering the first five years and the final five years of the 10-year registration term. Paying in installments is more expensive overall but reduces the upfront cost at registration.
You need to send a trademark application with JPO online or through mail. If you are based in Japan with a Japanese address, you can file directly.
If you are a foreign applicant without a domicile or business address in Japan, appointing a Japanese patent attorney (弁理士, benrishi) as your representative is a legal requirement under the Trademark Act, not a recommendation.
The JPO will not accept direct payment from applicants residing outside Japan, meaning all official fees must be paid through your appointed Japanese representative. Working with a qualified benrishi also ensures your application documents are accurate, your goods and services are correctly classified, and any office actions are responded to within the required deadlines.
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, the application will not pass the examination and you will need to refile. If your trademark is found to be identical or similar to an existing registered trademark covering identical or similar goods or services, the examiner will issue a notification of reasons for refusal.
You have the opportunity to file a counter-argument or amend your designated goods or services in response.
As of April 1, 2024, Japan introduced a consent system under Article 4(4) of the Trademark Act.
Under this system, if your trademark is similar to an existing registered trademark, you may submit a letter of consent from the owner of the earlier trademark along with documentation demonstrating that no likelihood of confusion exists between the two marks.
If the examiner is satisfied that confusion is unlikely, the registration may be approved despite the similarity. This is a significant change from the previous system, where a similar mark was effectively an absolute barrier to registration. The consent system does not apply where the marks are identical and the goods or services are also identical, as the JPO considers consumer confusion in such cases to be too likely to overcome.
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?
The minimum official government fee to register a trademark in Japan for a single class of goods or services is approximately 44,900 yen. This breaks down as follows: a base application fee of 3,400 yen, a per-class application fee of 8,600 yen, and a registration fee of 32,900 yen. For two classes, the total official fee would be 53,500 yen, and each additional class adds 8,600 yen to the application fee and 32,900 yen to the registration fee.
The registration fee can also be paid in two installments of 17,200 yen each (covering the first five years and the last five years separately), though paying in installments results in a higher total cost than paying the full amount upfront. Note that these are official Japan Patent Office government fees only and do not include attorney fees, which vary depending on complexity and the representative you appoint. Always confirm current fees directly on the Japan Patent Office fee schedule before filing, as fees are subject to change.
There are also additional fees that you can take a look at below:
Does Japan have trademarks?
Yes. Japan has a well-developed trademark registration system governed by the Trademark Act and administered by the Japan Patent Office. Both Japanese and foreign businesses can register trademarks in Japan. However, the process differs for foreign applicants in one important practical way: foreign businesses without a Japanese address are legally required to appoint a licensed Japanese patent attorney as their representative to file and communicate with the JPO on their behalf. Foreign applicants cannot pay official fees directly to the JPO and must do so through their appointed representative. Japan also accepts international trademark applications filed under the Madrid Protocol, which allows applicants to designate Japan as part of a multi-country filing through the World Intellectual Property Organization.
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.
