What is a trade mark registration in Japan? First, a general overview. glossary 2023年6月6日 2023年6月6日 Amazing DX guide What is a trade mark registration in Japan? I’ve heard the term “trademark registration” and I vaguely know that it’s important for doing business, but I don’t know the details. I would like to have a broad and superficial understanding of what it is. OK, I’m going to leave out the details and just give you the big picture. This article provides a broad overview of what is involved in registering a trade mark in Japan. What is a “trademark” anyway? A trademark is “a sign (mark) used by a company to distinguish its goods or services from those of other companies. From the point of view of a buyer of goods or services, the mark is used as a criterion for judging the purchase of goods or the use of services, such as “shampoo with this name suits my taste”, “food with this mark tastes good”, “restaurants with this name/mark are safe”, and so on. The brand value of a brand increases as the brand is recognised by the world and builds credibility. Trademarks play an important role as the face of products and services. Meanwhile, a trademark is a property that contributes to the interests of a business. By acquiring ‘trade mark rights’ in that mark, you can make exclusive use of it and prevent others from imitating it or using it without permission. To find out more, please read the following. https://amazing.dx.harakenzo.com/guide/trademark-gaiyo/ https://amazing.dx.harakenzo.com/guide/touroku-merit-kouka/ Can any trademark be a “trademark right”? A trade mark is a combination of a sign (mark), such as letters or figures, and the goods or services for which the sign is used. A sign cannot be registered as a trademark on its own. On the other hand, the same mark can be registered for different goods or services. The trademark registration system is regulated by the Trademark Law in japan. To find out more, please read the following. https://amazing.dx.harakenzo.com/guide/requirement/ Trademarks that cannot be registered Now, not every trademark can be registered as long as it is used for a product or service. For example, the following trademarks cannot be registered. Those that cannot distinguish their own goods and services from those of others. Items that are contrary to the public interest. Trademarks that are confusingly similar to registered trademarks or to the famous or well-known trademarks of others. To find out more, please read the following. https://amazing.dx.harakenzo.com/guide/non-registrable/ How to register a trademark? To register a trade mark, an application for registration must be filed with the JPO and, after examination by the JPO, a registration decision must be made. The application process can be done online, by mail or by submitting the documents directly to the JPO office. The first step is to decide which trade mark to be filed and which goods or services to designate. To find out more, please read the following. https://amazing.dx.harakenzo.com/guide/trademark-procedure/ How much does it cost to register a trade mark? Fees associated with trademark registration can be divided into two main categories: fees paid to the Patent Office and fees incurred when hiring a professional (Patent firm or Patent Attorney) to complete the procedures. The cost varies depending on the scope of the product or service to be registered, but if you perform the procedures yourself, the standard fee is approximately 30,000 yen and up. If you hire a specialist to perform the procedures, the estimated cost is about 170,000 yen or more, and if you use an online service, the estimated cost is about 50,000 yen or more. To find out more, please read the following. https://amazing.dx.harakenzo.com/guide/trademark-registration-fees/ What happens after the trade mark is registered? It is necessary to note that trademark rights are not automatically created upon receipt of the final decision for registration. A registration fee must be paid in order to establish trademark rights. The term of a trademark right is set at 10 years, and the right may be renewed if necessary when the right is about to expire. If you do not proceed with renewal, your trade mark right will expire. Since an expired trademark can be registered as the right of others when they file a new application, it is recommended that you renew your trademark right if you continue to use the trademark in your business. I now have an idea of what trademarks are. In order to register a trademark as an exclusive right, I have to go through the application and registration process, which involves some costs. Information about this service Amazing DX® We hope that you now have a general idea of what it takes to register a trade mark. Our Amazing DX® service has been designed to make it easy for you to file a trade mark application online. The Amazing DX® service offers the following benefits ; A simplified trademark search is available. Application documentation can be properly formatted. If you receive an office action, our trade mark attorneys can respond to you on an individual basis. (additional fees will be charged). You will receive the necessary deadline reminders at the email address you registered with. By moving the service online, the quality of the service provided can be guaranteed, while keeping prices low and procedures fast. Please visit here for more information on how Amazing DX® can support and benefit you. この記事の監修者: HARAKENZO WORLD PATENT & TRADEMARK Osaka Legal Strategy Department General Manager Akinori HACHIYA Specialist, attorney, Specially Qualified Attorney For Infringement Litigation, Supervisor