IP SERVICE IN Japan
Article 2 of the Trademark Act defines a “trademark” as among those which can be perceived by people, any character, figure, sign or three-dimensional shape or color, or any combination thereof;
TRADEMARK REGISTRATION IN JAPAN
1.Subject of protection under the Trademark Act
Article 2 of the Trademark Act defines a "trademark" as among those which can be perceived by people, any character, figure, sign or three-dimensional shape or color, or any combination thereof; sounds, or anything else specified by Cabinet Order (hereinafter referred to as a "mark") which is:
(i) used in connection with the goods of a person who produces, certifies or assigns the goods as a business; or
(ii) used in connection with the services of a person who provides or certifies the services as a business (except those provided for in the preceding item).
In addition, "Services" set forth in item (ii) above shall include retail services and wholesale services, namely, the provision of benefits for customers conducted in the course of retail and wholesale business.
In 2014, the Trademark Act was amended for the purpose of supporting the company with diversified brand strategies, which has enabled the registration of non-traditional trademarks, such as sound, color, motion, hologram and position, in addition to the letters, figures, etc.
In 2019, from the viewpoint of improving user convenience and clarifying the scope of the right, the JPO revised the method of making statements in the application when filing an application for a three-dimensional trademark (revision of the Regulation for Enforcement of the Trademark Act) so as to enable companies to protect the shapes of outer appearances and interiors of stores and complicated shapes of goods more appropriately.
3.Duration of a trademark right
The period of a trademark right is ten years from the date of registration of the trademark right. The period may be renewed every ten years.
4. First File Principle
According to Article 8 of the Trademark Act, when two or more applications are filed on different dates to register an identical or similar trademark used for identical or similar goods and services, only the applicant who filed the application first will be entitled to register that trademark.
Our services include trademark research, registration, reply Trademark Office actions, cancellation, etc.
Our services including: trademark registration, objections, replying government office actions