Detailed rules for application forms required for trademark registration

Is there a rule about paper?

I want to prepare an application for a trademark to be submitted to the Japan patent office. Are there any detailed rules on the application form?
My computer is broken right now and I want to prepare my trademark application by hand. Can I use B5 paper with this ballpoint pen?

So your computer broke down, that’s a big problem. First of all, unfortunately, B5 paper cannot be used for procedures with the Japan Patent Office, so please buy A4 paper.

Oh…I guess I should check the paper rules first.

Yes, there are other detailed rules about the number of lines on a page, top, bottom, left and right margins, etc. Let’s check together to see if a handwritten application form is also acceptable.

In this section, we will explain the detailed rules regarding the forms to be used for filing trademark application in Japan. We will also show you where you can download a format that reflects these rules.

Please see below for an explanation of what to include in a trademark application form in a separate, related article.

Three ways to proceed with a trademark

Depending on the method of procedure, the detailed rules for the application form will vary.
Therefore, you must first decide which method you will use to submit your application to the Patent Office.

Please refer to this article for detailed information on the procedures for each method.

Online

This is not recommended for individuals, as it requires special software and an electronic certificate, and it takes several days to set up the environment.
Instead of paper, the documents are created on a computer and submitted directly to the Patent Office using a computer.
Therefore, the format is different from that of paper.

Please note that the procedures that can be performed using this method are limited.
For example, it is possible to submit an application for trademark registration form, a statement of circumstances regarding accelerated examination, a statement of opinion, a procedural amendment, and a statement of payment of trademark registration fee.
On the other hand, requests for oppositions, invalidation trials, trials for cancellation of non-use, etc. cannot be submitted online, but must be submitted on paper.

Bringing to the JPO

You are required to fill in the prescribed items on paper and bring it to the JPO.
Please remember to bring not only the form to be submitted, but also your identification card.
It will take some time to obtain a pass, have your baggage inspected, and purchase patent stamps if you have not already done so, so please allow plenty of time to get there.
Since you will be submitting your application on paper, you will also need to pay an electronic filing fee in addition to the filing fee, which will be higher.

Mailing

You will be required to fill out the required information on paper and mail it to the JPO.
You will need to prepare in advance the form to be submitted, an envelope, and patent stamps.
Please send by registered mail or letter-pack.
Since the application is submitted on paper, an electronic filing fee is required in addition to the filing fee, which is more expensive.

Application form rules

If you are filing online

When submitting an application for trademark registration online, please note the following.

＜Transmission file format to the JPO＞
There are two types of documents that can be handled for processing an electronic application: XML-based documents and SGML-based documents.
XML (eXtensible Markup Language) and SGML (Standard Generalized Markup Language) are standard formats for digitizing documents.
In the case of a trademark application, it is an SGML-based document.

＜Character＞
・Characters should be those defined in the Shift JIS code in accordance with JIS-X0208-1997.
・The use of “【】”, “▲▼”, one-byte katakana characters and circled numbers is not allowed.

＜Other＞

Binary black-and-white images (PNG, GIF, BMP formats) and full color images (JPEG format) may be used for images. Grayscale images (JPEG format) are not acceptable.

The format of data that can be sent to the JPO is fixed, and if the data does not conform to that format, an error will basically occur and the data cannot be sent.
Since there is a model form, you can easily create an application form by writing in that form.

Reference：Classification of documents and eligible documents for electronic filing
Guidelines for Trademark Registration Procedures in the Guide to Writing Application Documents

Bringing or mailing an application to the JPO

When submitting an application for trademark registration on paper, please note the following.

＜Type of paper＞
・Please use A4 paper, i.e., paper of the size of Japanese Industrial Standard A column 4 (21 cm in width and 29.7 cm in height).
・Paper that will not bleed ink and that will not allow text to be transparent.
・Use a paper longitudinally.

＜The layout of the document, including font size, margins, and line spacing＞
・Use the characters specified in the Japanese Industrial Standard X0208.
・Margins should be at least 6 cm at the top of the paper and 2 cm each at the left and right sides and at the bottom, and in principle should not exceed 2.3 cm each at the left and right sides.
・Each line should be 36 characters long, with at least 4 mm between lines, and no more than 29 lines per page.
・The size of letters should be between 10 and 12 points, by typewritten or something in black, clearly and in a manner that cannot be easily erased.

＜Other＞
・The paper must not contain any unnecessary characters, symbols, borders, or outlines.
・Half-width characters, “【”, “】”, “▲” and “▼” must not be used.
・When a patent stamp is to be affixed, it shall be affixed in the upper left margin and the amount of the patent stamp shall be indicated below it in parentheses.

Reference：Procedures for filing an application (2022 edition) “Chapter V Procedures for Filing an Application for Trademark Registration: Section 1 Method of Preparation of Application Form and Application Form ” Forms of the Trademark Enforcement Regulations, Form 2 (related to Article 2)

Handwriting is acceptable if the above detailed rules can be followed. The letter should be written in black, in a clear and easily erasable manner, using a typewriter, etc.” Pencils and colored ballpoint pens are not acceptable. Water-based ink should also be avoided, as it may get wet in the rain. Please write clearly in block letters.

Clearly, huh? I’m worried because I’m not a good writer. What happens if the examiner at the Japan Patent Office decides they can’t read?

If you make a mistake in the style of your application

If, for example, the handwriting is slightly smaller than 10 point, or there are a few smudges that are not problematic to read, the application will probably be accepted. If you have obviously filled in unnecessary information, the Japan Patent Office may correct it on its own authority. Once the application is

accepted, it will be assigned a filing date and an application number.

On the other hand, if there are unreadable parts or mistakes in important parts of the application that identify the trademark or relate to the applicant’s information, you will receive a notice from the JPO asking you to submit a procedural supplement.
If the submission of a procedural supplement resolves the defects in the trademark application, the filing date will be the date of submission of the procedural supplement.
In other words, the filing date will be moved back.

Article 5-2 of the Trademark Law provides for the recognition of the filing date of a trademark application.

Article 5-2 (1) The Commissioner of the Patent Office shall accord as the filing date of an application for trademark registration the date of submission of the application relating thereto, unless the application for trademark registration falls under any of the following items:

　(i) the statement of intent to register a trademark is unclear;

　(ii) the name of the applicant for trademark registration is not stated or the statement thereof is not sufficient to identify the applicant;

　(iii) the trademark for which a registration is sought is not stated in the application; and

(iv) the designated goods or designated services are not stated.

(2) Where an application for trademark registration falls under any of the items of the preceding paragraph, the Commissioner of the Patent Office shall require the person who desires to register the trademark registration to supplement the application, designating a reasonable time limit for such purpose.

(3) Supplement of an application for trademark registration shall be made by submitting a document with respect to the supplement (hereinafter referred to as a “Written Supplement”).

(4) Where an applicant who was required to supplement an application for trademark registration under paragraph (2) supplements the said application within the designated time limit as provided in the said paragraph, the Commissioner of the Patent Office shall accord the date of submission of the Written Supplement as the filing date of the application for trademark registration.

For example, if the applicant’s name is written in unreadable handwriting, the filing date is not the date of filing the application for trademark registration, but the date of filing the document resolving the defect.

I see. I’d hate to see the filing date move back, since trademark applications are generally first-come-first-served basis. I’ll stop writing by hand and borrow a family member’s computer to prepare the trademark application documents.

Download Formats

If you have a template, you do not have to worry about formatting the form. You can download the format from the JPO or other sources.

Online Filing

A template for electronic filing using Internet filing software is available for download at Electronic Filing Software Support Site.

Bringing or mailing an application to the Japan Patent Office

You can download a model (WORD file) of a paper application for trademark registration from List of Various Application Documents on the Intellectual Property Consultation and Support Portal Site.

A guide on how to write an application for trademark registration is also available on the Intellectual Property Consultation & Assistance Portal Site page, so please check it together when preparing your application.

Solve troublesome trademark application procedures with Amazing DX

When applying for a trademark, not only are there detailed rules for the application form, but there are also many troublesome matters such as the contents of the application form and the payment of fees.
Even if you successfully complete the application, you may receive a notice of reasons for refusal due to incompleteness in the application, the existence of a prior trademark, or an incompleteness in the designated goods or services, etc.

Amazing DX is an online trademark application service operated by a well-established patent/trademark attorney firm.
Amazing DX will handle the tedious application procedures for you inexpensively and speedily. We hope you will take advantage of this service.