【Trademark Q&A：Japan】Q25. What is the procedure for international registration?

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A: For international registration, fill out the required form, specify the country where you want to acquire the trademark right, and apply to the World Intellectual Property Organization (WIPO) International Bureau through the Japanese Patent Office You can do.

The JPO will conduct a formal examination, and if there are no deficiencies, the JPO will send an application to the WIPO International Bureau.

After the review by the WIPO International Bureau is completed, the “International Register”, which is a record of all information related to international registration, will be recorded and “CERTIFICATE OF REGISTRATION” will be mailed.

After that, the examination in the designated country will begin. If protection is granted, it will be protected as a rights authority for 10 years from the date of the international registration. If protection is not granted, a “PROVISIONAL REFUSAL” will be sent via the WIPO International Bureau within one year (18 months depending on the country) from the date when the WIPO International Bureau sends the notification as a designated country will be sent to the applicant.

【Trademark Q&A：Japan】Q24. Is it necessary to acquire intellectual property rights such as trademark rights overseas?

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A: Since the protection of trademarks is governed worldwide by territoriality (protection within the country), the rights obtained by proceeding with the Japanese Patent Office are valid only in Japan. is. Therefore, if you want to obtain a trademark right in order to take countermeasures against counterfeit or counterfeit products internationally, you will need to separately file with the patent offices of each country.

However, using a system based on the Madrid Protocol it is possible to carry out procedures without having to go through different procedures and languages ​​in each country, which is convenient.

【Trademark Q&A:Japan】Q23. What happens if there is any problem with the trademark I applied for?

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A: If the substantive examination finds a reason for failure to register, the JPO will notify you of the reason for refusal. On the other hand, the applicant may be able to resolve the reason for refusal by giving an opinion (submitting a written opinion) or amending the designated goods / services (submitting a written amendment of procedure). If the reason for refusal is not resolved, a rejection will be decided and the application will be rejected.

【Trademark Q&A：Thailand】Q11. How much does it cost to apply for a trademark?

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Q11. How much does it cost to apply for a trademark?

A: The list of product types in the category determines the number of applications and the public costs to be paid. The trademark application fee is 1,000 THB for each product/service specified at the time of filing (if there are 5 or fewer products), and 9,000 THB for more than 6 products/services that require protection.

(1) Application fee

  • 1 designated product / service (1 category) 1,000 THB
  • 6 designated products/services or more (1 category) 9,000THB (maximum)

(2) Opposition fee 2,000 THB

(3) Registration fee

  • 1 designated product/service (1 category) 600THB
  • 6 designated products/services or more (1 category) 5,400 THB (maximum)

(4) Appeal request fee 4,000THB

(5) Renewal application fee

  • One designated product/service (one category) 2,000 THB
  • More than 6 designated products/services (1 category) 18,000 THB (maximum)

【Trademark Q&A:Japan】Q22. What is trademark classification?

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A: Classification is determined by a Cabinet Order, and it divides goods and services into some categories according to their attributes. When registering a trademark, the registration fee will differ depending on how many categories the target product covers. In addition, trademarks may not be able to be registered unless appropriate divisions are set, or the use of trademarks similar to third parties may be forgiven. Therefore, it is very important to determine exactly which category a product or service belongs to. In Japan, it is divided into 45 types. Although the conventional classification was Japan’s own, it was revised in accordance with the International Classification in 2005 by joining the “Multilateral Agreement on the International Classification of Goods and Services for Registration of Marks (Nice Agreement)”. It has been done to the present. Classification can be confirmed by the JPO’s “Similar Products / Services Examination Standards”.

【Trademark Q&A：The philippines】Q14. What rights can we get by registration of a trademark?

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Trademark owners have exclusive rights to prevent all third parties from using the trademark in any way without the trademark owner’s permission.

The Philippine Trademark Law provides for the following two types of infringement.

  1. Registered trademark infringement: Use a mark or packaging box similar or identical to a registered trademark
  2. Well-known trademark infringement: Use of a mark that indicates the relevance of a well-known trademark (even if a designated product or service is different from a registered well known trademark)