Japanese Trademark

Japan is a member of the Paris Convention on the Protection of Industrial Property, Madrid Agreement Concerning the International Registration of Marks, Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks and The International Association for the Protection of Intellectual Property. Both Chinese natural persons and legal persons are allowed to register Japanese trademarks. The trademark applicant must be the person who uses or will use the trademark on the goods and services related to his own business. Therefore, the applicant must fill in the scope of his business when applying for a trademark. The registration of a Japanese trademark is valid for 10 years.

Application Procedures:

1 Trademark enquiry (optional): By the trademark enquiry in advance, you can judge the successful possibilities of the trademark registration.

2 Submission of Application: The application will be filed through a professional agency.

3 Notice of Acceptance: The Notice of Acceptance will be issued within 3 months after filing the application.

4 Trademark review: After Japan Patent Office examines the trademark, the trademark application will be published if it meets the requirements of trademark rules and is not similar or duplicated with previously-applied trademarks.

5 Trademark announcement: When the trademark passes the review, the applicant will be notified that the trademark application has been accepted and published. Anyone can raise an opposition during the 2-month-long publicity period, but he should state his reasons and file relevant evidence.

6 Registration approval: A Trademark Registration Certificate will be issued to the trademark if an opposition has been judged to reject or there is no opposition during the publicity period. The successful application process will last for 15-20 months (without objections or oppositions).

Documents Required for Application:

Subject qualification certificate of the applicant

Name of the protected categories and goods/service

Electronic pattern of the trademark

Name and address of the applicant in both Chinese and English

Power of Attorney for Japanese trademark registration

Others:

Japanese trademark can be opposed after the registration of the trademark. If no one raises an objection within 2 months after obtaining the trademark certificate, the trademark will be successfully registered.

The application fee and registration fee of Japanese trademark should be paid separately, and the second registration fee needs to be paid only after the approval of the registration.

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