【Trademark Q&A : Japan】Q15. What is substantive examination?
A: Application documents that pass formality examination will proceed to substantive examination.
Substantive examination is an act in which an examiner of the Japan Intellectual Property Office determines whether an applied application meets the trademark requirements.
The requirements for a trademark to be registered, such as “unregistered reason”, “identical or similar to other trademarks”, and “distinctivation”, are subject to examination.
If it is passed the substantive examination, a “Trademark Assessment Notice” will be mailed to the applicant.
Conversely, if the examiner determines that the registration requirements are not met, they will mail a “Notification of Rejection”.
【Trademark Q&A : Japan】Q14. What is the formality examination?
A : The formality examination is to check whether the application is in a format that complies with the provisions of the Trademark Law.
Under the Trademark Law, the description format, items, and contents of application documents are stipulated in detail.
If you do not comply with it, a “Procedure for Amendment of Procedure” is issued by the Japan Intellectual Property Office to instruct the correction and re-application of incomplete application documents.
It will be mailed to the applicant.
Applicants who have received it must apply for an amendment by amending the application documents within the specified period (in principle, within 30 days from the date of dispatch of the Directive).
【Trademark Q&A : Myanmar】Q6. How long is the expiration of registration under the Trademark Law?
A: It is 10 years.
You can renew it every 10 years and must renew within 6 months.
However, a 6-month grace period is given after the expiration date, and if it is within the same period, you can renew it by paying a delay fee in addition to the prescribed fee.
【Trademark Q&A : Japan】Q13. Please explain the specific screening process.
A: After application, formality examination, substantive examination and registration assessment will be conducted.
After the substantive examination, you pay the registration fee and registration will be completed.
Once the trademarks are registered, trademark rights will be generated from that point.
【Trademark Q&A : Japan】Q12. When will trademark rights occur?
A: Your rights will only be granted if you pass the examination at Japan Intellectual Property Office and register.
There are two types of examinations: “formality examination” and “substantive examination”.
【Trademark Q&A : Japan】Q11. What is protected by registering a trademark?
A: You can protect the characters and marks that distinguish the goods and services handled by others from the goods and services you handle.
【Trademark Q&A : Japan】Q10. Please tell me the flow up to application.
A: The main flow until application is
(1) Survey of prior trademarks (https://www.j-platpat.inpit.go.jp/)
(2) Search for designated goods and service name (https://www.j-platpat.inpit.go.jp/)
(3) Creation of application for trademark registration
(4) Purchase patent stamps at collection and delivery post offices and paste them at designated locations.
(5) Submit to the Japan Patent Office (possible to bring directly or mail)
(6) The degitization fee will be paid only if submitted in writing (1,200 yen + (700 yen x number of written pages).
【Trademark Q&A : Thailand】Q7. Is it possible to apply for a trademark for a designated product in multiple categories in an application?
A: Since 2016, it has become possible to apply simultaneously for goods or services which a trademark covers multiple categories.
However, it is not allowed to divide into categories after application, so if an application containing multiple categories is rejected for some categories, registration procedures for categories that have not been rejected cannot proceed first.
【Trademark Q&A : Malaysia】Q5. How to apply the trademark?
A: Go and submit the application to the trademark registration office or send the application to the registry by postage.
Also, applicant can use e-application. If the applicant use e-application, he/she can get the discount of the fees.
【Traddemark Q&A : Thailand】Q6. Are there any marks cannot be register as trademark?
A: The followings trademark cannot be registered.
(1) There is no function to distinguish between own goods / service and other companies goods / service. However, even if a trademark is judged not have this function, discernment is considerate to have arisen if the applicant proved it has become special prominent as a result of using this trademark for long time.
(2) Mark which is same or similar with national emblem, royal seal, public insignia.
(3) Mark which is same or similar with Thai flag, foreign national flag or international organization insignia.
(4) Mark which is contrary to public order and moral
(5) Mark which is same as prominent trademark in Thailand
(6) Mark which is same or similar with trademark that may cause confusion with goods related to other people’s business