The process flow of filing a trademark application in Japan

I’m thinking of applying for a trademark, but I’m wondering if there are any resources that summarize the entire application process.

If you are considering filing a trademark application but do not know how the application process works, you may feel uneasy.
Therefore, this article will explain the overall flow of a trademark application and the detailed steps from the preparation stage to the submission procedure.

This article deals with the process of filing a trademark application, among other procedures up to trademark registration.

If you want to know the procedure to register a trademark, click here!

https://amazing.dx.harakenzo.com/guide/to-register-trademark/

Overall diagram of the procedure and flow of a trademark application

The process of filing a trademark application is roughly as follows.

Preparation before filing: Selecting a trademark and designated goods/services

Before filing a trademark application, first select a trademark and the designated goods/services for which the trademark will be used.

Choose a trademark that fits your brand.

When choosing a trademark, it is important to consider the image and uniqueness of your brand and choose a trademark that fits your brand. Consistency between the brand and the trademark will create a strong impression on consumers and increase the value of the brand.

https://amazing.dx.harakenzo.com/guide/naming-trademark-registration/

Since the product is targeted at children, I would make a logo with a pop and energetic font.

However, since we do not know at this point whether it is possible to register the logo or not, it is better to prepare a number of candidates.

Decide which goods or services to apply for.

It is important to clearly determine the goods or services for which you will file a trademark application.

Trademarks are protected for the goods or services designated in the application.
Any goods or services not clearly designated at the time of application will be outside the scope of protection and will require re-filing of the application if you later seek protection.

Therefore, the scope of goods or services designated in the trademark application must be consistent with the scope of use of the trademark.

Since this product is a sports drink, I should specify “soft drinks” in Class 32.

Know your budget for filing a trademark application.

Because trademark applications involve certain costs, it is important to know your trademark application budget in advance.
A clear budget will help ensure that the necessary resources are allocated appropriately and that the trademark application proceeds smoothly.

Trademark applications are subject to filing fees and handling charges.
There may also be additional fees for trademark searches and legal advice, if necessary.
And since these fees often vary depending on the number of designated products and services (number of classes), it is advisable to determine a budget after careful consideration of the products and services.

Trademark Registration Fees

The fees for filing an application with Amazing DX can be calculated on the fees page.

It’s one category, so I’d say you should be looking at roughly 100,000 JPY to afford it.

By planning your trademark application budget in advance and ensuring that you have the necessary funds to cover the necessary expenses, the trademark application process can proceed smoothly.

Perform a trademark search

A trademark search is an important step to take before filing a trademark application.

If another company has already registered the same or a similar trademark, not only will the trademark not be registered, but the other company may seek damages or recall the goods for trademark infringement.
By conducting a trademark search, you can increase your chances of success with your trademark application.

A trademark search will primarily check for the following;

• Identity search: To determine if the trademark is identical or similar to a previously registered trademark.
• Distinctiveness search: We check whether the trademark is a common name or a mere quality mark for the goods or services for which you intend to file a trademark application.

Since there are other reasons why a trademark may not be registered, and since the determination of these reasons requires specialized knowledge and experience, it is recommended that a trademark search be conducted by an expert.
A proper trademark search can prevent problems when filing a trademark application.

If a trademark search shows a trademark that is similar to the trademark you want to apply for, you should change the trademark, right?
I don’t want the search to continue when they change the trademark and still say it’s similar.

For standard character trademarks, adding another letter or word at the beginning will increase the likelihood of avoiding being found similar.
Don’t forget to re-search with the changed trademark.

We also offer a service to create a logo that has a good chance of registration from the start. Please take advantage of this service!

We can create a logo that you can apply for a trademark

Have you ever had the experience that you could not file a trademark application for a logo that you had created?

HARAKENZO WORLD PATENT & TRADEMARK will create your logo with registration possibilities in mind!

Prepare the necessary documents for your trademark application

Once you have decided on the trademark you wish to apply for, you will need to prepare the necessary documents.

Sample application documents can be found here.

https://amazing.dx.harakenzo.com/guide/before-application/

Prepare data for the trademark you are applying for.

If you are applying for a trademark using standard characters, you do not need to prepare any data, but for the following trademarks, you will need to prepare trademark data.

• Trademarks of logos and images
• Trademarks of colors
• Trademarks of holograms
• Positional trademarks
• 3D trademarks
• Motion trademarks
• Trademark of sound

For logo trademarks, image trademarks, and other images to be pasted on the application, adjust the size to be 8 cm square.

For information on the format of sound files for sound trademarks, please refer to the JPO’s page.
https://www.jpo.go.jp/system/trademark/shutugan/tetuzuki/oto_file.html

Should I submit my logo in black and white or color?

It is recommended that you file the actual person who will use the application.
If it is often in black and white when it is actually used, such as when invoices with logos are printed in black and white, it is better to submit them in black and white.
If it is often used in color, or if it has a distinctive color, it is better to submit it in color.

Listing the designated goods and services

The scope of the designated goods and services can be narrowed later, but cannot be broadened, so they must be written carefully.

From the products and services you have considered in advance, select those that are appropriate for your application.

If you write the application in your own style, you may receive reasons for refusal such as “the product is unclear” or “the classification is different,” and you may not be able to register the application.
It is better to check the classification and product name from the JPO’s “Product/Service Name Search” and write them down.

Amazing DX allows you to file an application with a product/service name that is likely to be accepted by the JPO.

Provide the applicant’s name and address.

It is important to provide an accurate applicant name and applicant address in your trademark application.
This will help clarify who owns the trademark rights.

If either the applicant’s name or applicant’s address is different, the application will be considered to be from a different applicant, and if you do not write them correctly, you may receive a reason for refusal based on your own previous application.

In addition, if you have not designated an agent, mailings from the JPO will be sent to the applicant’s address.
It is recommended that the applicant’s address be an address where it is easy to receive mail.

Once an application is filed with the JPO, an identification number is assigned to the address.
For the second and subsequent applications, it is recommended to use the identification number instead of the address.

For more information on filing an application as a sole proprietor, click here.

Special entries.

Other special entries, if any, should be included in the application.

• I want to take advantage of the special exception for exposition entries.
• I have recently filed an application for the same trademark in a foreign country and would like to claim priority.

The following are examples of such cases.

Submit the necessary documents to the JPO (+ pay the application fee)

Once the application form has been prepared, it must be submitted to the JPO.
There are two main methods of submission: online or by mail.

Online Submission

Online submission offers the following advantages

• Easy payment by credit card, etc.
• The application process is a little smoother because there is no need for the JPO to digitize the application.

For more information on how to submit your application online, please see the following.

https://amazing.dx.harakenzo.com/guide/electronic-filing-trademark-registration/

Amazing DX offers the advantages of online submission.

Submission by mail

By mail, you have the following advantages;

• No need to prepare software or electronic certificates for online submission.

For more information on how to submit your application by mail, please see;

If you have additional documents to submit

If you have additional documents to submit regarding your trademark application, you may submit them immediately following the filing of your application.

For example, you may wish to;

• Filing an application for another person’s name or stage name with their consent, so you submit a letter of consent
• With the consent of the parent company, you file an application for a trademark that is similar to the parent company’s trademark, so you submit documentation to support your application

These documents may be submitted after receiving a notice of reasons for refusal, but the response period may be short and a letter of consent may not be obtained.

Submitting them in advance at the time of application will facilitate the process.

Summary

The following is a summary of the overall process of filing a trademark application.

1. consider the candidate trademark for which the application is to be filed
2. Decide on the goods or services
3. Conduct a trademark search
4. Prepare a budget
5. Prepare the application
6. file the application

Filing a trademark application is a specialized procedure and requires compliance with the necessary documents and procedures.
In addition, the necessary forms and requirements change over time.

When in doubt, seek advice from a patent attorney who is an expert in trademark matters.

I would feel comfortable if you prepare the application yourself and then consult with a patent attorney for final confirmation.
Let’s make use of a patent attorney for a smooth procedure.

Feel free to consult a patent attorney!

Are you worried about your trademark all by yourself?

If you have any problems, please contact our experienced trademark attorneys!