Category: Japan

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).

A: If in Japan, submit a trademark registration application that contains the necessary information to the Commissioner of the Japan Patent Office with a patent stamp equivalent to the application fee amount.
The following are the main items that must be included in the application when submitting a written document of ordinary letters and figures in writing.
(1) Document name
(2) Reference number
(3) Submission date
(4) Destination
(5) The trademark for which registration is sought
(6) Designated goods or designated services and the class of goods or services
(7) Trademark registration applicant information
(8) The inventory of submitted items
You can also apply with filing of a Trademark Application in Electronic Form in which case it is very convenient because you can go online from application to receipt of documents.

A: As of July 2019, registration is permitted for the following 10 types.
(1) Character trademark
(2) Graphic trademark
(3) Symbolic trademark
(4) 3D trademark
(5) Combined trademark
(6) Movement trademark
(7) Hologram trademark
(8) Trademark which consists solely of colors
(9) Trademark which consists solely of sounds
(10) Positional trademark

A: Yes, there is. To register a trademark, the following conditions must be met.
(1) A mark for which identical or similar trademarks are not registered
(2) A mark with clear characteristics
(3) A mark that does not cause to misunderstand the goods
(4) A mark that does not violate the public interest

The following are examples of marks that cannot be registered.
(1) A mark that cannot distinguish own goods or servises from the third party’s
(2) A mark contrary to public interest, such as confusing public agency marks
(3) A mark that may be confused with the third party’s registered trademarks or well-known trademarks

A: The registered trademark mainly has the following four functions.
(1) “Other product identification function” A function to distinguish one’s goods from others’ goods
(2) “Source Display Function” A function that indicates that goods with the same trademark are always distributed from a certain source.
(3) “Quality Assurance Function” A function that indicates that goods with the same trademark have the same quality.
(4) “Advertising Function” A function that differentiates one’s own product from another’s product using a trademark and motivates consumers to purchase one’s own product.

A: The main benefits of registration of a trademark are as follows.
(1) Only you can use the trademark exclusively.
(2) Other companies cannot use not only the same trademark but also a similar trademark (it means that you can exclusive your designated goods and designated services)
If you become a trademark rights owner registered a trademark, you will be able to suspend the use of the same or misleading trademark for goods or services. If the other party ignore your warning of suspension of using and keep using it, you can claim for damages as well.

A: When you think about a new naming or logo, you should first check the status of trademark registration for that naming or logo. There are two main points to consider:
(1) Whether or not it will violate someone’s rights
(2) Whether the trademark can be registered

A: Registering a trademark creates a trademark right.
A trademark right must be registered as a set of “Mark” and “Products / Services to be Used”, not just Mark.
A trademark for which a trademark right has been generated is called a registered trademark.
If the trademark is registered first, others cannot use the name.

A: A trademark is a character, figure, symbol, three-dimensional shape, or combination (mark) that is used for goods or services as a business.
A mark points that indicates “who made the product” or “who the service is provided” and that satisfies the following two points.

(1) Marks used by business operators
(2) Marks used to distinguish one’s products / services from others’ products / services