How long is trademark registration valid? Explanation of term of trademark rights

Term of Trademark Registration Rights

If a trademark is registered, what is the term of the right? Is there any difference between this and a patent or design?

Trademark rights last for 10 years. Unlike patent and design rights, the rights can be renewed as many times as necessary by completing the renewal procedures, making the rights semi-permanent.

Duration of trademark right is 10 years

The duration of a trademark right is 10 years from the date of registration.

Before the expiration of 10 years from the registration date, the right can be maintained for another 10 years by paying a renewal registration fee to the JPO.

The duration of the trademark right can be renewed any number of times as long as the renewal registration fee is paid every 10 years. The right will continue semi-permanently.

As of October 2022, the oldest registered trademark that can be checked on the JPO Patent Information Platform was registered in July 1902, which means that it has been in existence for 120 years.

Why renew every 10 years?

I can’t be bothered to go through the renewal process. Can I pay the registration fee for 50 years in one lump sum?

Since one of the purposes of the Trademark Law is to protect the trust accumulated as a result of the use of a trademark, it is desirable to make it a perpetual right. However, if a trademark right that is not used continues to exist forever, it would deprive third parties of an opportunity to choose a trademark, so a 10-year term is established.

Therefore, the registration fee for 50 years cannot be paid in one lump sum, and must be renewed every 10 years. For more details, please refer to the following page.

How to file renewal?

The period during which an application for renewal of a trademark right can be filed is from 6 months prior to the expiration of the duration of the trademark right to the date of expiration of the duration of the trademark right. The registration fee can be paid in a lump sum for 10 years or in installments of 5 years each.

You may prepare and submit the documents yourself. If you have requested a patent firm to handle the application and registration procedures, you may continue the renewal procedures through that firm. Please note that if you request a patent firm to process your renewal, in addition to the renewal registration fee, you will be charged a separate fee for the procedure and a fee for time management, etc.

Please refer to the following article for an introduction to the procedures involved in renewal, if necessary.

Reduction of the number of classes at renewal

It is possible to reduce the number of classes when filing the renewal. This can be a cost-saving measure if some of the registered classes are not in use.

The number of classes can be reduced by including only the classes to be renewed in the “Class of goods and services” field of the renewal application form. A power of attorney is required when requesting an agent such as a patent firm to complete the procedure instead of the right holder himself/herself.

Management of renewal deadlines

If you are worried about managing the deadline after 10 years, we recommend that you ask a patent attorney or a patent firm to manage the deadline. If you ask a patent firm to process your trademark application or registration, please check how the renewal deadline management after registration is handled.

The JPO has also established the “Patent (Registration) Fee Payment Due Date Notification Service”“Patent (Registration) Fee Payment Due Date Notification Service” (available only in Japanese) from April 2020 in order to prevent the expiration of rights due to missed deadlines.This service is free of charge, and by registering, you will be notified of the due date information to the e-mail address you have set.

What if forgetting renewal

If you forget to renew, your trademark will expire. However, you will be allowed to apply for a renewal registration within 6 months after the expiration of the duration. Please note that you will need to pay twice the registration fee.。

Please refer to the following link for details.

I see! I’m certainly going to forget about deadlines in 10 years. I’ll make sure to consider and address how to manage deadlines now.

Summary

If you have any concerns, doubts, or problems related to your trademark renewal registration application, please contact us or consult with us at [Inquiry Form].