TRADEMARK APPLICATION FILING IN
Japan

As Asia’s first industrialized nation, Japan continues to look to the future by placing intellectual property (IP) at the heart of its growth strategy. The Japan Patent Office (JPO) is the authority responsible for managing all IP related matters across the country. It is core mission is to foster economic and industrial development by protecting and promoting the use of intellectual creations.

Japan follows a first-to-file system for trademark registration, granting rights to the first applicant to submit a valid claim. All trademarks must comply with the Trademarks Act of 1958.

The trademark registration before the Japan Patent Office (JPO) can either be filed through the online portal or via offline mode. 

Multi-class applications are allowed by the Japan Patent Office (JPO).

The requirements for filing a trademark application are as follows:

• Name, nationality, and address of the applicant;
• Mark representation (logo/device/word, etc.);
• Descriptions of goods and/or services;
• Certified priority document*;

*If priority is being claimed, a Certified Priority Document must be submitted along with a translation of the first page in Japanese within three months of the filing.

The process of registering a trademark in Japan begins with the submission of the application before the Japan Patent Office. Upon the submission, the TM application will be published in the Official Gazette of Japan. Further, the application will undergo a formal examination to ensure it meets all the required standards. If any issues or discrepancies are identified during the evaluation, the JPO will notify the applicant and provide a specified time to re-submit the application. Once the TM application is accepted, it is subjected to a substantive examination based on absolute grounds for refusal, where examiners assess the trademark's eligibility for registration. If any issues or discrepancies are identified during the evaluation, the JPO will notify the applicant and allow them to submit a written statement. If no issues are found, or once corrections are made, the application moves forward, and the trademark is then published in the Official Gazette of Japan, initiating a two-month opposition period. During this time, third parties have the opportunity to raise objection/opposition to the application.

If no opposition is filed within said timeline, or if opposition is resolved in favour of the applicant, the trademark is officially registered, and a registration certificate is issued.

Opposition proceedings begin when a third party files a notice of opposition against a trademark application. Once the notice is submitted, the applicant is formally notified, and a collegial body reviews the case to determine if the opposition is admissible.

The applicant then has a set period to file a counter-argument or response. After reviewing both sides, the collegial body decides whether to uphold or reject the trademark application. If either party is dissatisfied with the outcome, the decision can be appealed to the Tokyo High Court. 

A trademark registration in Japan is valid for a period of ten years. The trademark must be renewed before the end of six months of the current term to maintain protection for an additional ten years.

However, if the renewal is not submitted on time, it can still be processed within six months after the expiration date with a surcharge.

A registered trademark must be actively used within three years of its registration. If the trademark is not used continuously during this period, it may be subject to cancellation following a request from a third party.

Typically, the trademark registration process in Japan takes four to ten months in straightforward cases. 

Japan remains a major force in the global intellectual property landscape. According to the World Intellectual Property Organization figures 2023, it ranked 4th in Asia and 10th worldwide for trademark filings, with nearly 349,709 applications submitted.

It is strong legal framework and economic influence continue to attract interest from global players including China, the UK, and the USA, who actively seek trademark protection within the Japanese market. Further underscoring its innovation-driven economy, Japan ranked 13th out of 133 economies in the Global Innovation Index 2024.