To avoid potential trademark infringement and reduce the risk of refusal, we strongly recommend conducting a trademark search before using a mark or filing a trademark application in Japan.
You can perform an identical mark search yourself using an online search tool on J-PlatPat (Japan Platform for Patent Information).
If you would like us to carry out an identical and/or similarity search on your behalf, please feel free to contact us. As a general guide, a word mark search is completed within 5 business days, and a device mark search within 10 business days.
Trademark applications are filed online with the Japan Patent Office (JPO). Once the filing is completed, we receive a copy of the application with the assigned application number electronically.
After filing, the application first undergoes a formality examination, followed by a substantive examination.
If the examiner finds no grounds for refusal, a decision for registration will be issued. The registration fee must be paid within 30 days from the date of that decision.
Upon payment, the trademark is registered and the trademark right comes into effect.
A few weeks later, the certificate of trademark registration is issued, and the registration is published in the official gazette.
For details on procedures in case of refusal, please refer to the JPO’s official webpage:
JPO: “Procedures for Obtaining a Trademark Right.”Under the Madrid Protocol, Japan must notify any refusal of an international registration within 18 months from the application date. Accordingly, the JPO aims to issue the first action—whether for domestic or international applications—within that same period.
In practice, registration is usually granted within 6 to 10 months if no refusal is issued. If a refusal notice is issued, an additional 2 months or more may be required depending on the grounds.
The following types of marks are registrable in Japan:
Note: Registration of a three-dimensional mark consisting solely of a product shape (e.g., the shape of a drink bottle) is difficult unless distinctiveness has been acquired through long-term use.
Please provide the following information:
Note: Under Japanese Trademark Law, an intent to use is required, but actual use or proof of use is not necessary for registration.
Please contact us for details on our service fees.
Japan follows the Nice Classification and allows multi-class applications.
However, the JPO also uses a unique “similar group code” system, derived from its former national classification.
Goods/services sharing the same similar group code are automatically considered similar by examiners.
If 23 or more similar group codes are designated in a single class, a provisional refusal may be issued. To overcome such refusal, you must limit your specification to 22 or fewer groups or submit evidence of use for each group.
Please let us know the goods/services for which the mark will be used so we can provide suitable wording for the Japanese specification.
You may claim priority under the Paris Convention, provided that the Japanese application is filed within 6 months from the date of the earlier foreign filing. Please send us your filing instructions as early as possible.
For non-residents of Japan, the response period is 3 months from the date of issuance, extendable for up to 3 additional months upon payment of the official fees.
The appropriate response depends on the ground for refusal:
(a) Prior conflicting mark
(b) Lack of distinctiveness
Note: A divisional application may be filed (with an additional official fee) to expedite registration for goods/services unaffected by the refusal.
When Japan is designated under the Madrid Protocol, examination procedures are largely the same as for domestic applications.
A signed Power of Attorney is required for response, but may be submitted later.
An accelerated examination may be requested if certain conditions are met, such as a risk of trademark infringement.
Even if the mark has not yet been used, acceleration may be accepted if preparations for use are well advanced.
Supporting evidence must be submitted with the request. No official fee is required.
Amendments are limited to deletion or narrowing of the designated goods/services.
Therefore, it is advisable to specify your primary goods/services as precisely as possible at the time of filing.
In general, amendments to the mark itself are not permitted, even minor ones such as color changes (e.g., black-and-white to red) or font changes (e.g., Tahoma to Century).
Thus, it is best to file the mark exactly as it will be used.
If you are dissatisfied with an examiner’s final refusal, you may file an appeal trial with the JPO. The appeal is reviewed by a panel of three or five examiners, offering a degree of impartiality.
If the refusal is upheld, further appeal may be filed with the Intellectual Property High Court, which also hears cases by a panel of three or five judges.
The registration fee must be paid within 30 days (extendable once by up to 30 days).
Applicants may choose a 10-year or 5-year registration term depending on their business needs.
After registration, the mark is published in the Trademark Gazette. Any person may file an opposition within 2 months from the publication date.
If a registered trademark has not been used for 3 consecutive years, anyone may file a non-use cancellation trial.
The registrant must prove genuine use of the trademark, otherwise, the registration will be cancelled for the relevant claimed goods/services.
Such cancellation actions can also be a useful strategy for overcoming citations against your trademark application.
Trademark rights last 10 years from the registration date and can be renewed for successive 10-year periods.
A renewal request must be filed within 6 months before expiration, or within a 6-month grace period after expiration by paying an additional fee.
Proof of use is not required for renewal, but may be required in non-use cancellation proceedings.
Japan recognizes two types of trademark licenses:
Exclusive license: Must be registered with the JPO to be effective.
Non-exclusive license: Effective without registration, but by registering non-exclusive license, the licensee can claim its right against any person who subsequently acquires the subject trademark right.
Even if a mark is well known only overseas, it cannot be registered in Japan if applied for in bad faith (Trademark Law, Article 4(1)(xix)).
Furthermore, owners of marks that are well known both in Japan and abroad may prevent unauthorized use of similar marks under the Unfair Competition Prevention Act.
Although not mandatory under Japanese law, it is advisable to indicate registration status (e.g., by adding “Registered Trademark”, preferably in its Japanese equivalent).
Using such indications for unregistered marks constitutes false representation and is a criminal offense.
The use of the “®” symbol is not officially recognized in Japan, but it is commonly used for the indication of registered trademarks.