Legal Framework and Competent Authority

The current legal basis for Japan's trademark system is the Trademark Act (Law No. 127 of April 13, 1959), which stipulates the conditions, procedures, and protection scope for registered trademarks. Another important law related to trademark management in Japan is the Unfair Competition Prevention Act, which provides protection for unregistered trademarks that have gained certain goodwill through actual use.

The competent authority is the Japan Patent Office (JPO), a government agency under the Ministry of Economy, Trade, and Industry. It is responsible for handling applications, examinations, and registrations of patents, utility models, designs, and trademarks. JPO also plans industrial property measures, such as examining patent systems, supporting small and medium-sized enterprises and universities in utilizing industrial property, providing information on industrial property, and promoting international coordination and cooperation with developing countries.

International Treaties Joined

Japan is a contracting party to international intellectual property treaties such as the Lisbon Agreement, Paris Convention, Nice Agreement, WIPO Convention, and Trademark Law Treaty. It is also a member of the Madrid Protocol, allowing trademark registration to be processed through either "national registration" or "Madrid International Registration."

Principles of Trademark Protection

• Registration Principle
  Trademark protection in Japan is based on registration. Only trademarks registered with the Japan Patent Office are entitled to legal protection. Unregistered trademarks generally do not enjoy legal protection unless recognized as well-known trademarks.
• First-to-File Principle
  Japan adopts the first-to-file principle, meaning that trademark rights are granted to the applicant who submits the earliest registration application. This principle helps avoid conflicts over trademark rights.

Trademark Classes and Scope of Protection

Currently, the Japan Patent Office adopts the 11th edition of the Nice Classification for goods and services descriptions and accepts multi-class applications in a single filing. Elements that can be registered as trademarks in Japan include words, names, graphics, three-dimensional marks, color combinations, slogans, sounds, holograms, motion marks, scents, and position marks.

Required Information and Documents for Trademark Registration

If the applicant does not reside in Japan, they can apply directly through the Japan Patent Office website but must provide a local correspondence address. The basic materials required for trademark application include:

• Trademark representation;
• Specific class and goods/services items (the number of goods/services in one class cannot exceed 23 groups; otherwise, evidence of actual use or a statement of intent to use must be provided);
• Applicant’s name and address;
• If claiming priority, original priority documents and corresponding Japanese translations must be submitted.

Trademark Application Process and Timeline

The main process for registering a trademark in Japan is: Application → Acceptance → Examination → Approval → Issuance → Publication.
The detailed steps are as follows:

• Submission of Application: The applicant submits the trademark application to the Japan Patent Office;
• Formality Examination: The Japan Patent Office checks the completeness of the application documents;
• Substantive Examination: Examination of whether the trademark meets registration conditions, such as distinctiveness and non-conflict with existing trademarks;
• Registration Approval and Publication: After the trademark application is approved for registration, the applicant must pay the relevant registration fee. Once the fee is paid, the trademark is registered, and trademark rights take effect from the registration date. The Japan Patent Office will publish the registered trademark in the Trademark Gazette, and the applicant will receive an electronic trademark certificate. Any party may file an opposition to the registered trademark with the Japan Patent Office within the 2-month publication period, providing reasons and supporting evidence.

The entire trademark registration process typically takes 10-12 months to complete, with the timeline potentially extended due to the complexity of the examination or opposition.

Trademark Protection Period and Renewal

The protection period for a registered trademark in Japan is 10 years. Upon expiration, the trademark can be renewed for successive periods of 10 years each time. Renewal applications can be submitted before the trademark expires, with a grace period of 6 months after expiration. If the trademark is not renewed within the grace period, it will lapse.

Non-Use Cancellation System

According to Japan's Trademark Act, if a registered trademark has not been actually used in Japan for a continuous period of 3 years, any third party may apply to the Japan Patent Office for cancellation of the trademark registration.