What Is a Trademark?
A trademark is a sign used to distinguish your goods or services from those of others. In Japan, various forms can be registered as trademarks, including words, figures, symbols, three-dimensional shapes, colors, and sounds (Trademark Act, Article 2(1)).
By obtaining trademark registration, you gain the exclusive right to use the mark for designated goods or services (Trademark Act, Article 25).
Why Register a Trademark?
Brand Protection
Without registration, another party may file for the same or similar trademark first. Japan uses a first-to-file system (Trademark Act, Article 8), meaning the first applicant obtains the right, regardless of prior use.
Enforcement Against Infringement
Trademark rights enable you to seek injunctions (Trademark Act, Article 36) and damages (Civil Code, Article 709) against unauthorized users.
Building Credibility
The registered trademark symbol (®) builds trust with business partners and consumers.
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Try for free →Application Process
Step 1: Prior Trademark Search
Search for identical or similar existing registrations using the Japan Patent Office's J-PlatPat platform (free).
Key factors: - Pronunciation similarity - Visual similarity - Conceptual similarity
Step 2: Designating Goods and Services
Select the appropriate classes (Classes 1-45) for your goods or services. Registration covers only the designated items.
Step 3: Filing the Application
Submit an application to the JPO including: - The trademark (text, design, etc.) - Designated goods/services - Applicant information
Electronic filing is the standard method.
Step 4: Formal and Substantive Examination
The JPO first checks formal requirements, then conducts a substantive examination to verify compliance with the Trademark Act.
Step 5: Registration Decision and Fee Payment
If approved, a registration decision is issued. Pay the registration fee within 30 days to establish the trademark right.
Cost Overview
| Item | Cost (1 class) |
|---|---|
| Filing fee | ¥12,000 |
| Registration fee (10 years) | ¥32,900 |
| Registration fee (5-year split) | ¥17,200 |
| Attorney fees (filing) | ¥50,000-150,000 |
| Attorney fees (office action response) | ¥50,000-100,000 |
Each additional class adds ¥8,600 to the filing fee.
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Examination Timeline
It typically takes 6-12 months from filing to receive the first examination result.
For urgent cases, the accelerated examination system can produce results in about 2 months if requirements are met (e.g., the mark is already in use).
Common Rejections and Responses
Lack of Distinctiveness (Article 3(1))
Generic terms or descriptive words for the goods cannot be registered.
Response: Argue acquired distinctiveness through use (Article 3(2)) or combine with distinctive elements.
Similarity to Prior Marks (Article 4(1)(xi))
Applications similar to existing registrations are rejected.
Response: Argue differences in pronunciation, appearance, or meaning in a written opinion, or narrow the designated goods/services.
Public Order Violation (Article 4(1)(vii))
Marks contrary to public order or morality are refused.
Response: Demonstrate through usage context that the mark does not violate public policy.
Post-Registration Management
Renewal
Trademark rights last 10 years from registration and can be renewed indefinitely (Article 19). Applications can be filed 6 months before expiration.
Non-Use Cancellation
If a registered mark is not used for 3+ years, a third party may file a non-use cancellation trial (Article 50). Maintain evidence of use.
Infringement Monitoring
Monitor for similar trademark filings and respond through opposition proceedings (Article 43-2) or invalidation trials (Article 46) as needed.
Summary
Trademark registration is essential for legally protecting your brand. In Japan's first-to-file system, early filing is key. Even if you receive a rejection, many applications succeed through properly crafted responses.