【Trademark Q&A:Japan】Q20. How is the registration fee determined and how much will it cost?
A: The cost of trademark registration is determined by the number of classifications after confirming the number of classifications (types) of the product to be registered.
To divide goods and services into 45 classifications according to attributes means classifications.
The following is the cost when the procedure goes smoothly.
(1) At the time of application (3,400 yen + (8,600 yen x number of categories))
(2) At the time of registration (28,200 yen x number of categories) * For 10 years
If you submit the application documents in writing, an electronic fee (1,200 yen + (700 yen x number of documents to be submitted)) will be required in addition to the application fee.
【Trademark Q&A：Japan】Q19. Is it possible to make apply by an attorney?
A: Yes. You can apply for trademark registration by yourself, but of course, you can also apply by an attorney. In addition, only lawyers and patent attorneys are eligible for acting as a proxy for trademark registration.
【Trademark Q&A：Japan】Q18. Is there any way to shorten period to complete registration?
A: There is a system of accelerated trademark examination.
This is a system in which screening is conducted earlier than usual under certain requirements.
In the case of regular examinations, the average examination waiting time is about 7 months on average.
However, if you use the accelerated examination system, the average examination waiting time will be about 1.8 months.
In addition, it will be able to significantly reduce 2.7 months comparing the average decision waiting time from the beginning of the examination to the decision.
This system is particularly effective for businesses that handle goods and services with a short life cycle.
In addition, no special fee is required. There is also another system called Fast Track Examination, which does not require application, and trademark registration applications that meet certain requirements are automatically subject to examination.
Q17. How long does it take to register a trademark?
A: On average, it takes 10 to 11 months for a normal application.
Therefore, it is a good idea to start the procedure as soon as possible.
【Trademark Q&A : Japan】Q16. Can anyone apply for trademark registration?
A : No, applicants for trademark registration must be natural persons (individuals) or corporations.
Please note that you cannot apply for trademark registration in the name of a non-corporate store and so on.
【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 : 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.