Trademark Registration in Japan | 商標登録/商標出願/商標権更新申請/住所変更/譲渡/移転

プレシャス
商標登録
trademark registration

東京都港区
プレシャス国際特許商標事務所

弁理士   日本弁理士会会員

Trademark Registration in Japan

Trademark Registration in Japan by Japanese Patent Attorney.

1. Necessary Information for Trademark Application

Description of Trademarks, Goods/Services, Full name and address

2. Description of products and services

The Japan Patent Office (JPO) publishes a list of “acceptable descriptions of goods and services” and this list is followed very strictly.
Even descriptions of goods and services that meet the international standards of the Nice Classification (NCL) are often opposed in Japan.
Therefore, JPO’s acceptable descriptions should be used whenever possible.

If the actual goods or services do not fall under any of his JPO’s acceptable descriptions, describe the goods or services specifically, and provide a detailed description of the goods or services, such as in brochures or website printouts. documents should be included and attached to enable the examiner to understand the goods or services.

After filing, the applicant may narrow the description of goods and/or services.
However, you may not expand the description or add another product or service.
Therefore, It is advisable to include a broad identification of the goods and/or services in the filing to support future restrictions, especially if the actual goods or services do not correspond to his JPO’s acceptable description.

3. Intention to Use Trademark

In principle, there is no need to prove that you are using a trademark. In Japan, each international class is further divided into subclasses. If the goods or services are selected from more than 23 subclasses within her one international class, the JPO requires the applicant to prove the intention to use the trademark.

4.examination

Once the application is accepted, an examiner at the Patent Office will examine it. If the examiner determines that the trademark cannot be registered, it will issue a notice of grounds for refusal, giving the applicant an opportunity to respond to the examiner’s determination. Normally, We has 3 months from the date of sending the notice of reasons for refusal to reply. If necessary, We can request a one-month extension of the response time. You can modify the product or service description, but you cannot modify the mark itself.

If the examiner is not persuaded by the response, the examiner will issue a final refusal. You can appeal the final rejection to challenge the examiner’s decision. Since the trial is conducted by 3 to 5 examiners, more objective judgment can be expected.

5.Notification of registration

Payment of registration fee
A notice of registration will be issued if the Examiner cannot find any grounds for rejecting your application, or if the Examiner’s refusal is successfully overcome with a response. Thereafter, the registration fee must be paid within 30 days of the mailing date of the notice. If the registration fee is not paid, the application will be irrevocably rejected. Registration fees increase with the number of classes in the application. The registration fee can be paid in two installments. Trademark rights are generally valid for 10 years from the date of registration.

6.Trademark setting

Upon payment of the registration fee, the trademark right will be established and will be registered in the Trademark Register. Trademark rights are valid for 10 years from the date of registration. If a registered trademark has not been used in Japan for three years or more, the registration can be revoked upon request by a third party on the grounds of non-use. If such a request is filed, the registrant must provide proof of use of the registered trademark within the prescribed period.

7.publication

After the registration is established, the registration is open for opposition. Anyone can file an objection within two months from the date of publication.

8.oppose

Anyone can file an opposition within two months from the date of publication of the trademark registration. If the Opposition Committee decides to cancel the registration, the Opposition Committee will issue a Notice of Reasons for Cancellation to the registrant. Thereafter, the registrant may object within three months from the mailing date of the notice.

9.update

The term of trademark right is 10 years from the date of registration. The term can be renewed for 10 years thereafter, but you must apply for renewal at least 6 months before the current term expires. Even after expiration, a renewal application can be accepted for an additional fee if the application is filed within six months after expiration. The renewal fee can be paid in a lump sum at the time of renewal application. Payment can also be made in two installments. No proof of use is required at renewal.
It is possible to reduce the number of classes when applying for renewal. JPO does not issue renewal certificates. Only renewal postcards will be issued.

Hours and Fees

Be quick in trademark searches. If there is an instruction to apply for a trademark, we will file the trademark application.
Contact us for filing and prosecution fees for trademark applications.


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