We provide a fast, efficient Trademark searching service and offer advice as to the registrability of marks.

Japan's trademark system is regulated by the Trademark Law.

Scope of protection
In Japan, "trademark" means character(s), figure(s), sign(s) or three-dimensional shape(s), or any combination thereof, with colors, which is used in connection with the goods or/and the services of a producer, sellers, or providers as business. Therefore, non-visible materials, such as sound or smell, are not registrable, now. However, the amendment of the Trademark Law is scheduled to be carried out in 2013, and the trademarks such as sound, smell, and texture/touch marks shall be subject to protection.

First-to-file rule
Trademarks do not have to be in use at the time of filing application, nor at the time of registration. If the trademark owner has the intention of using the trademark in future, it can be registered, unless it goes against the Trademark Law. Therefore, it is very important for foreign business owners, who think expanding their business into Japan, to apply for registration of trademarks before starting business, actually, in Japan.

Multi-class application
An application is allowed to cover plural classes of goods and/or services.

Conventional Priority
A six-month priority period of the Paris Convention is available for applicants who have filed applications for the subject trademarks in one of the signatory countries.

Madrid Protocol Accordance
International applications for trademark registration in accordance with the Madrid Protocol on the base of a JPO filing/registration are acceptable for Japanese nationals or foreign nationals domiciled or resident in Japan (in the case of a juridical person, with a place of business).

Provisional Refusal against a Madrid Protocol Application
The JPO conducts a substantial examination of a Madrid Protocol application designating Japan. If you received a provisional refusal and if you liked to have protection of your trademark in Japan, you would have to appoint a local agent in order to respond to the refusal. We are always ready to be of service for you !

Renewal
The duration of a trademark right shall expire after ten years from the date of registration. A trademark registration is renewable only by filing an application with the payment of the renewal registration fee.

Grace period for renewal application
A renewal application can be filed in the six-month period preceding the expiration date of the trademark registration and can be filed further six months after the expiration date on condition that the renewal registration fee be paid double.

Post-registration opposition
An opposition can be raised only after the trademark has been registered. It can be filed for each of goods or services, within two months from the date of publication of the bulletin containing the trademark.

Similarity of trademarks
A trademark, which is identical with or similar to another person's registered trademark may not be registered, if such a trademark is used in connection with same or similar goods or services. Nor may be a trademark, which is similar to another person's well known non-registered trademark. In the examination of the Patent Office, the similarity of trademark is judged by three elements; the sound, the appearance and the meaning. Every trademark must not be similar to any other trademark in respect of these three elements.