Procedures for Obtaining a Trademark Right

What is a Trademark?

A trademark is a mark used by a manufacturer, dealer or service provider in respect of goods or services in order to differentiate them from goods and services offered by other parties which are of the same or a similar type.

Effects of Registering a Trademark:

(1) The granted trademark right is effective throughout Japan, and its owner is able to use it exclusively in respect of the designated goods and services without exclusion by any other party. (2) The use by another party of an identical or similar trademark in respect of an identical or similar range of goods or services constitutes infringement, and the trademark owner may require the infringer to cease the infringing acts and pay damages.

Explanation

(1) Applicants shall submit to the Patent Office directly or by mail an application for trademark registration as shown in the exemplary diagram on the right. (2) An examination will be made to determine whether the application fulfills the necessary procedural and formal requirements. An invitation to correct will be made where necessary documents are missing or required sections have not been filled in. (3) An examination will be made of whether the application fulfills the substantive requirements. The following trademarks will be refused as they are deemed not to meet the substantive requirements. 1) Trademarks which do not enable consumers to differentiate the applicant's goods or services from those belonging to other parties. 2) Trademarks which are unregistrable for reasons of public interest or for the protection of private interests. (4) Where an application fails to meet the substantive requirements a notification of reasons for refusal will be sent. (5) A written argument or opinion may be submitted in response to a notification of reasons for refusal. (6) If it is ultimately judged that there are no reasons for refusal, a decision to grant a trademark registration will be made. (7) With the payment of the registration fee, the registration of the establishment of the trademark right will take place and the trademark right will come into existence. (8) Any person may file an opposition to the grant of a trademark registration with the Commissioner of the Patent Office. (9) If the reasons for refusal are not eliminated the decision of refusal will stand. (10) An appeal may be requested where there is dissatisfaction with the decision of refusal. (11) If there is dissatisfaction with the appeal decision a further appeal may be lodged with the Tokyo High Court.