TRADEMAERK

Subject of protection of trademark

The subject of protections of trademark are letters, diagrams, symbols having the effect of identifying the subject of various products or services.

A trademark is a mark used by a manufacturer, dealer or service provider in respect of goods or services in order to differentiate them from goods and services offered by other parties which are of the same or a similar type.

Procedures for obtaining a trademark right in Japan

In order to obtain a trademark right in Japan, one must submit an application for trademark registration to the Japan Patent Office in the set form prescribed by the ordinances. A set of prescribed requirements must be fulfilled in order to obtain a trademark registration. An examiner will check whether an application meets these requirements.

Trademarks which do not enable consumers to differentiate the applicant's goods or services from those belonging to other parties, and which are unregistrable for reasons of public interest or for the protection of private interests will be refused as they are deemed not to meet the substantive requirements.

When filling a trademark apllication in Japan, the following information are required.

(1) Name and address of Applicant

(2) Mark

(3) List of goods and/or services

(4) filing date, name of the country, filing number of the priority application, and priority document (certified copy of the original application), if you would like to claim priority.