Trademark Registration Invalidation Trial – Trademark you want to use is already registered! Advice from a major patent firm

Trademark registration invalidation trial Consult a patent attorney at a major patent firm! (Tokyo. Osaka office)

1 What is a trademark invalidation trial?

I was preparing to manufacture, sell, etc. a newly developed product with a perfect name. However, someone else has registered a trademark that is very similar to the name of the product, and I can’t use it. I am disappointed. I’m going to have to cancel everything I’ve ordered with the name on it, including the packaging for the product, and have to have it redesigned.
The other person’s trademark may not be valid. Some registered trademarks may have been registered incorrectly in the examination at the time of application. You should consult with a patent attorney at a patent office. If you can invalidate your trademark registration by filing a request for an invalidation trial with the Patent Office, all your preparation will not have been in vain.
I see that some rights are not valid. Thanks. I’ll consult with them.

What are invalidation trials and grounds for invalidation?

What are invalidation trials?

A trial for invalidation of trademark registration is a trial to invalidate and extinguish a trademark registration that has the following grounds for invalidation.

By filing a request for an invalidation trial, you can invalidate (1) a trademark that was mistakenly registered when it should not have been registered, or (2) a registered trademark that became inappropriate after registration.

Examples of reasons for invalidation

1. Examples of violation of trademark registration requirements (same as reasons for refusal under Article 3 of the Trademark Law)

2. Examples of reasons for non-registration (the same as the reasons for refusal under Article 4(1) of the Trademark Law)

2 Who can file a request for an invalidation trial?

Not just anyone can file a request for an invalidation trial. Only interested parties may file a request. Interested parties include persons who are preparing to use a trademark identical or similar to the registered trademark for identical or similar goods or services.

What are the requirements for a person of interest?

3 What is the time limit for requesting an invalidation trial?

An invalidation trial can be filed even after the trademark right has expired. For example, if you are sued for damages for trademark infringement and you can cancel the trademark registration, you will not have to pay damages because the trademark right never existed in the first place. However, please note that there is an exclusion period for the procedure.
Heh. I see. It is good to know about the Trademark Law system. So an invalidation trial is also a way to counter an infringement suit.

Since invalidation trials are time-consuming and expensive, we recommend that you register your product’s name as a trademark before you prepare your business. 

AmazingDX below is a new trademark application service that saves you time and money.  You can be assured that AmazingDX is a service provided by a large, experienced international patent firm.

Amazing DX
We are constantly updating various articles on our firm and the Amazing DX website. If you are looking for information on trademarks, please visit our website. As you can see from the site map, we have a wealth of information not only on trademarks, but also on patents, designs, and foreign IP information. We hope you will make use of it.

[Click here to visit our trademark website.]

Supervisor for the article:
大阪法務戦略部長 八谷 晃典
, , ,

Let's start,
an easy trademark application in Japan!

For those who are worried about registering a trademark for the first time, we offer free advice tailored to your situation.