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Japanese Trademark Registration Requirements

Updated:2018-4-11 16:48:38    Source:www.tannet-group.comViews:320

Japanese trademark registration requirements is necessary to be met in order to obtain a trademark registration in Japan. Therefore, Tannet provides you with the Examination Guidelines issued by the Japan Patent Office (JPO) and information about Opposition/Trial cases, in addition to the requirements for trademark registration, so that you could understand them as practically as possible.

I. Distinctiveness of Trademarks
A trademark must essentially be distinctive in relation to goods/services to be covered, and this quality shall be regarded as lost if it comes under any of the followings:

(1) A trademark which consists solely of a mark indicating, in a common manner, the common name of the goods or services.
(2) A trademark which is customarily used in connection with the goods or services.
(3) A trademark which consists solely of a mark indicating, in a common manner, in the case of goods, the place of origin, place of sale, quality, raw materials, efficacy, intended purpose, quantity, shape, price, the method or time of production or use, or, in the case of services, the location of provision, quality, articles to be used in such provision, efficacy, intended purpose, quantity, modes, price or method or time of provision.
(4) A trademark which consists solely of a mark indicating, in a common manner, a common surname or name of a juridical person.
(5) A trademark which consists solely of a very simple and common mark.
(6) In addition to those listed in each of the preceding items, a trademark by which consumers are not able to recognize the goods or services as those pertaining to a business of a particular person.

II. Unregistered Trademarks
Even though a trademark is distinctive in relation to goods/services to be covered, it shall be unregistrable if it comes under any of the followings:

(1) A trademark which is identical with, or similar to, the national flag, the imperial chrysanthemum crest, a decoration, a medal or a foreign national flag.

(2) A trademark which is identical with, or similar to, the coats of arms or any other State emblems of a country of the Union to the Paris Convention, a member of the World Trade Organization or a Contracting Party to the Trademark Law Treaty designated by the Minister of Economy, Trade and Industry.

(3) A trademark which is likely to cause damage to public order or morality.

(4) A trademark which contains the portrait of another person, or the name, famous pseudonym, professional name or pen name of another person, or famous abbreviation thereof (except those the registration of which has been approved by the person concerned).

(5) A trademark which is comprised of a mark identical with, or similar to, a prize awarded at an exhibition held by the national or a local government or by those who are not the Government, etc. but designated by the Commissioner of the Patent Office, or at an international exhibition held in a foreign country by the Government, etc. of the foreign country or those authorized thereby (except those used by the recipient of such a prize as part of his/her own trademark).

(6) A trademark which is identical with, or similar to, another person's trademark which is well known among consumers as that indicating goods or services in connection with the person's business, if such a trademark is used in connection with such goods or services or goods or services similar thereto.

(7) A trademark which consists solely of a three-dimensional shape of goods or their packaging which is indispensable for such goods or their packaging to properly function.

(8) A trademark which is comprised of a mark indicating a place of origin of wines or spirits of Japan which has been designated by the Commissioner of the Patent Office, or a mark indicating a place of origin of wines or spirits of a member of the World Trade Organization which is prohibited by the said member from being used on wines or spirits not originating from the region of the said member, if such a trademark is used in connection with wines or spirits not originating from the region in Japan or of the said member.

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If you have further inquires, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website www.tannet-group.net, or calling Hong Kong hotline at 852-27826888 or China hotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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