Trademarks Law in Japan
Japan's trademark system is governed by the Trademark Act (Act No. 127 of April 13, 1959), which has undergone several amendments to align with international standards and modernize the legal framework. The most recent amendments, effective from October 1, 2022, introduced significant changes to enhance the efficiency and scope of trademark protection.(WIPO)
🇯🇵 Key Features of Japan's Trademark Law
1. Registration System
First-to-File Principle: Trademark rights in Japan are acquired through registration, not use. This means that the first party to file a valid application for a trademark has the exclusive right to use it, regardless of prior use by others.
Examination Process: Upon filing, the Japan Patent Office (JPO) conducts a substantive examination to assess the registrability of the trademark. If no reasons for refusal are found, the trademark is registered. The average time from filing to registration is approximately 6 to 8 months. (World Trademark Review)
2. Opposition and Invalidation
Opposition: After a trademark is published in the Official Gazette, any third party may file an opposition within two months. Common grounds for opposition include lack of distinctiveness, similarity to prior trademarks, and violation of public order or morality. (World Trademark Review)
Invalidation: If a trademark is registered despite opposition, the opposing party may file an invalidation trial with the JPO. Additionally, the trademark holder may appeal to the IP High Court if the JPO revokes the registration. (World Trademark Review)
3. Duration and Renewal
Protection Period: Trademark rights are granted for 10 years from the registration date.
Renewal: Registrations can be renewed indefinitely for successive 10-year periods. Renewal applications must be filed within six months before the expiration date. A grace period of six months is available after expiration, subject to additional fees.
4. International Protection
Madrid Protocol: Japan is a member of the Madrid Protocol, allowing for international trademark registration through the World Intellectual Property Organization (WIPO). This system enables applicants to seek protection in multiple countries with a single application.
5. Non-Traditional Marks
Expanded Scope: The amended Trademark Act recognizes and protects non-traditional trademarks, including:
Sounds: Distinctive auditory marks.
Smells (Olfactory Marks): Unique scents associated with goods or services.
Colors: Specific color combinations or shades used as trademarks.
Holograms: Three-dimensional images or designs.(WIPO)
6. Regional Collective Trademarks
Protection for Regional Marks: Japan introduced the concept of Regional Collective Trademarks to protect marks consisting of a region's name and a product or service name. Even if the mark is not well-known nationwide, it can be protected if it is recognized within the region, promoting local economies and preserving cultural heritage. (inpit.go.jp)
📊 Summary Table
| Feature | Details |
|---|---|
| Governing Law | Trademark Act (Act No. 127 of 1959, amended up to October 1, 2022) |
| Registration System | First-to-file principle |
| Examination Time | Approximately 6–8 months |
| Opposition Period | 2 months after publication in the Official Gazette |
| Protection Period | 10 years from registration |
| Renewal Period | Every 10 years; grace period of 6 months after expiration |
| International Protection | Madrid Protocol member |
| Non-Traditional Marks | Recognized and protected (e.g., sounds, smells, colors, holograms) |
| Regional Collective Marks | Protected even if not well-known nationwide |
RELATED Blog
0 comments