Flow of trademark registration each country(Japan)
Trademark Law of Japan can trace back to 1884, in which year Trademark Ordinance was issued. Various concepts relating the trademarks have been updated and protected until now.
The service mark was introduced in 1991 amendment of Trademark Law and the terminology of “Service” was added to the trademark registration application form and the trademark rights. In 1996, Japan has signed Trademark Law Treaty and started the registration of 3D-trademark and the collective trademark.
When Japan has signed Madrid Agreement in 1999, those who live in Japan may apply to Japan Patent Office the registration of trademark in the foreign countries, meaning applicants do not need to apply the registration of trademark to the foreign authority.
“Regional Collective Trademark System”, which protect the trademark belonging to the regional community was established in 2005.
In 2014 Japan Patent Office has started to register the motion trademark, the hologram trademark and Positional trademark as “new types of trademark” and the number of registration mainly by the famous big companies have been increased.
Flow of trademark registration
1. Application for the trademark registration
2. Publication of the application (Issue the public notice)
3. Format examination
4. Substantive examination
5. Notice of rejection reason
6. Opinion / Amendment
7. Registration assessment
8. Rejection assessment
9. Pay a registration fee (lump sum payment for 10 years)
10. Set up registration
- Application document (other documents may be required depending on the type of trademark)
- Time for registration…About 8 months (if you use early examination system, it can be shortened to about 2 month.)
- Duration of trademark right …10 years
- Renewal…pay the renewal fee to the Japan Patent Office every 10 years
- Accession to the Madrid Protocol… December 13th, 1999