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The trademark registration process in Japan can be roughly divided into four stages: application, examination, publication of opposition, and registration. The time required for the entire registration cycle, in the absence of objections6-8 months
1.The registration process and the time required
Application Stage(I will receive the receipt in about 7 days).
You will receive a Japanese trademark registration receipt within 7 days after filing.
Review stage(4-6 months).
Trademark examination in Japan is divided into two parts: formal examination and substantive examination.
Formal examination: After the application is submitted, the application number is given and the application time is confirmed. At this stage, the application documents are reviewed for compliance with the requirements.
Substantive examination: Examination of whether a trademark is registrable under the law, for example, whether it is distinctive. If the examiner considers that the trademark is not suitable for registration, a notice of refusal is issued. The applicant can reply within the specified time. Applicants can also request a delay in responding.
Announcement Opposition Stage(2 months).
After the trademark has passed the examination, the applicant will be informed that the trademark application has been accepted and published in the trademark gazette. Anyone can file an objection within the 2-month notice period, stating their reasons and submitting relevant evidence.
Registration Phase
Trademarks that have been ruled to be registrable after opposition, or trademarks that have been published without opposition, will be approved for registration and a registration certificate will be issued.
2.Problems that need to be paid attention to after trademark registration
A Japanese trademark is valid for 10 years from the date of registration. If it needs to continue to be used after the expiration of the validity period, it shall apply for renewal of registration 6 months before the expiration of the validity period of the registration, and the validity period of each renewal registration is 10 years; There is a grace period of 6 months for trademark renewal, subject to an additional fee.
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It is now very convenient to register a Japanese trademark, and you can apply directly in China, but the name of a Japanese trademark is very important. According to the current laws of Japan, registered trademarks may be composed of words, graphics, symbols, three-dimensional shapes, colors, or combinations thereof, sounds, and other words that are recognized by human perception, and other regulations prescribed by government ordinance.
1. Submit an application
The application form is prepared in the prescribed form and submitted to the JPO, and it will be accepted on the same day.
2. Formal examination
The examiner examines the application requirements and classification information to see if they comply with the relevant regulations.
3. Substantive examination
Trademark distinctiveness, violation of prohibitions, and conflict with prior rights are examined in accordance with the law.
4. Approval of registration
After the examination is passed, the registration can be approved and the registration certificate will be issued. In a smooth case, the entire application period is 6-8 months.
5. Registration announcement
After the issuance of the registration certificate, an announcement will be arranged, and the opposition period shall be within 2 months from the date of the announcement, and any third party may raise an objection. If there is no objection or the opposition is not established during the announcement period, the trademark will be officially approved for registration in Japan.
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The process of filing a trademark application in Japan is as follows:
1. Trademark search:
In order to improve the success rate of trademark registration in Japan and avoid the rejection of similar silver trademarks during the registration process, a trademark search should be carried out before the trademark application procedure.
2. Submit an application:
Prepare the documents required for trademark registration in Japan, fill out the application for trademark registration in Japan as required**, and then submit the application materials and the trademark application materials to the Japan Trademark Registration Administration (JPO).
2. Preliminary examination:
The preliminary examination of a trademark is mainly to examine whether the trademark application meets the requirements of the Japanese Trademark Ordinance and whether there is any duplication or similarity with an existing trademark.
3. Trademark publicity:
As with most national trademark applications, the trademark is announced to the public in the publicity stage to confirm whether the trademark infringes the rights and interests of the existing trademark or its trademark holder, if there is a trademark holder who can raise an objection, if no one raises an objection in the publicity stage, then the Japanese trademark registration can enter the next step.
4. Receive the certificate
If no objection is raised during the publicity period, the JPO will officially approve the trademark as a registered trademark and issue a Japanese trademark registration certificate to the trademark applicant, indicating that the trademark is officially protected by law.
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1. Application. In order to obtain the exclusive right to use a trademark, the applicant must fill out the ** required by the relevant laws and regulations and submit it to the JPO.
2. Formal examination
The Japan Patent Office examines whether the application documents submitted comply with the procedural and formal requirements. If the application documents do not meet the necessary requirements, they will be required to amend.
3. Substantive examination
The JPO examines whether the contents of the application as filed meet the substantive requirements. The following trademarks that do not meet the substantive requirements cannot be registered:
1. The consumer cannot identify the trademark of the goods or services operated by whom;
2. Trademarks that may damage public order or good morals.
4. Approval of registration
If the final decision does not have any grounds for refusal, the trademark registration will be granted.
5. Registration (payment of registration fee).
After the registration fee is paid, the trademark is registered and the trademark right becomes effective.
6. Announcement. The JPO will announce a trademark right that has been registered and has come into effect in the Trademark Gazette. Any person can file an opposition to an approved trademark.
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What is the trademark application process in Japan? There are three main stages of filing a trademark registration application in Japan: the application stage, the examination stage, and the registration stage. The following is a brief introduction to the basics, information required, or costs in each of these three phases.
Application StageAt the application stage, the applicant first needs to specify the reproduction or words of the trademark to be applied for, as well as the classes and goods and/or services that he wishes to designate. Then, you need to choose the right patent and trademark firm.
When entrusting a request to a Japanese patent and trademark firm, the following information is usually provided to the third party.
Application Stage Information Checklist:
1) Applicant's name and address (Chinese or English).
2) Designated categories and goods and services.
3) Trademark reproduction (if the trademark is a plain text without design, there is no need to ** it, only the text can be expressed).
4) Priority document (if any) (priority document can be supplemented within three months from the filing date).
At the application stage, generally speaking, the applicant is not required to submit documents such as a power of attorney and a certificate of entity qualification.
After filing an application, the JPO will first give an application number and publish the application. After the formal examination has no document defects, it will enter the substantive examination stage.
The JPO accepts multi-class applications with an official filing fee of 12,000 yen for the first class and 8,600 yen for each class from the second class onwards.
Review stageA notice of rejection or a notice of approval of registration is issued based on the results of the examination.
If the applicant does not respond to the notification of refusal, the JPO will issue a decision of refusal. The applicant may also choose to respond to the notification of refusal, file an opinion and/or amend. After receiving the applicant's argument and/or amendment, the Japanese examiner will continue the examination or directly issue a decision of refusal.
If a refusal is received, the applicant may also choose to proceed with the filing of the request for reexamination.
As mentioned above, the JPO accepts applications for multiple classes in one mark, and there is no limit to the number of goods and services to be specified. However, it should be noted that if the scope of designated goods and services is too broad, it is easy for the examiner to question whether the trademark will be actually used or planned to be used, and a notice of refusal will be issued.
In the absence of a notice of refusal, it takes about 6 to 8 months from the time of application to the receipt of the notification of approval of registration.
Registration PhaseUpon receipt of the notice of approval of registration, the applicant is required to pay the registration fee within 30 days from the date of receipt of the notice of approval. After the applicant pays the fee, the trademark is registered, and the Japan Patent Office issues a trademark announcement.
In addition to paying a lump sum fee for 10 years, the applicant may also choose to pay only 5 years of fees if the business prospects are not obvious.
That's all about the trademark application process in Japan? Target. Within one month of registration, the JPO will issue a trademark gazette.
Within 2 months from the date of issuance, anyone can file an opposition application. If you still have any questions about trademarks, please contact us by logging in to our intellectual property rights.
Japan Trademark Purchase Japan Trademark Registration.
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Trademark registration in Japan.
With the development of the Japanese electronic products, Naku has occupied a large market in the Chinese market and is very popular with merchants and consumers from all over the world. Registering a Japanese trademark can not only protect your own brand market interests, but also be a good prerequisite for creating an international brand. When a foreigner applies for trademark registration in Japan, the Japanese entity shall adopt the following principles:
The applicant's country of origin is a member of the Paris Convention: (In fact, even if the applicant is not a national of a member state of the Paris Convention, if he or she has a domicile or a genuine business office in any of the member countries, he or she is considered to be a "national of an associate member state" and may apply for trademark registration in Japan.) )
1.The applicant's home country has signed a bilateral agreement with Japan on trademark protection
2.The country of origin of the petitioner has a principle of mutual dealings with Japan.
Documents required to apply for a trademark in Japan:
1. Trademark drawings or words.
2. The application form for trademark registration includes the applicant's name, place of origin, and nationality.
3. Trademark category and goods or services.
Trademark registration process in Japan:
Design Trademark Inquiry Submission of Application Receipt of Trademark Acceptance Notice Initial Examination Typesetting and Printing Announcement No Objection Formal Approval Receipt of Certificate 10 Years Renewal.
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Apply for trademark registration in Japan1Determine the class in which the trade name is registered, 2Prepare the application documents to submit the application, 3Acceptance, 4Review Authorization, 5Collect the certificate.
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(1) Examination of the form of the trademark: After the trademark application is submitted, the Japan Trademark Office will review the legality of the submitted application documents and trademark designs, and the final examination of the trademarks that meet the requirements will be issued with the trademark application date and trademark application number.
2) Examination of the substance of the trademark: According to the laws and regulations of Japan, the examination of whether the trademark is applicable, whether it is the same or similar to the trademark applied for before, and whether there are any prohibitions that violate the trademark law. If the trademark does not pass the substantive examination, the official website will issue a notice of rejection to notify the applicant, and will inform the applicant of the rejection.
The applicant may file a reconsideration of the trademark application within the time limit for receiving the notice of refusal, otherwise, the trademark application will be deemed abandoned.
3) Announcement of trademark application: If it is found to be acceptable after examination, the Trademark Office will publish an announcement on the official trademark gazette of Japan.
4) Approval of trademark application: If the trademark does not have any objection or the opposition is not established during the publication period, then the trademark can be successfully registered. If the whole process of filing a trademark application in Japan goes smoothly, it will take about six to eight months.
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1.Trademark search and material preparation;
3.Preliminary examination of trademark: The main purpose is to examine whether the trademark application meets the requirements of the Japanese Trademark Ordinance and whether there is any duplication or similarity with the existing trademark;
4.Trademark publicity: The trademark will be announced to the public to confirm that it does not infringe on the rights and interests of any existing Kaifan trademark or its holders. When no objection is raised at the publicity stage, the probability of obtaining a formal trademark certificate for the application is greatly increased;
5.Successful trademark registration: When no objection is raised during the publicity period of the applied Japanese trademark, the JPO will officially approve the trademark as a registered trademark and issue a certificate of Japanese trademark registration to the trademark applicant, indicating that the trademark is officially protected by law.
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The registration process for a trademark in Japan is divided into three stages.
1. Application Stage.
Materials to prepare:
1.The name and address of the applicant.
2.The designated class of the trademark and the goods and services.
3.Clear trademark representation (color trademark needs to specify the color, if the trademark is a plain text content without design, then there is no need to **, only the text can be submitted).
4.Priority document (if any) (priority document can be submitted within three months from the filing date).
At the application stage, it is not necessary for the applicant to submit documents such as a power of attorney and a certificate of entity qualification.
After submitting an application, the JPO will first issue an application number and disclose the application. After the formal examination is not documented, the substantive examination stage will be initiated.
The JPO accepts applications for multiple classes in one standard, with the official fee at the application stage being 12,000 yen for the first class and 8,600 yen for each class from the second class onwards.
ii. Review stage.
The preliminary examination stage of a Japanese trademark is mainly to determine whether the trademark application meets the requirements of the Japanese Trademark Ordinance and whether there is any duplication or similarity with an existing trademark.
A notice of rejection or a notice of approval of registration is issued based on the results of the examination.
If the applicant does not respond to the notification of refusal, the JPO will issue a formal notification of the decision of refusal.
If the applicant chooses to respond to the notice of refusal, he or she needs to submit an opinion or amendment. After receiving the applicant's submission or amendment, the Japanese examiner will continue the examination or directly issue a decision of rejection. If the refusal is received again, the applicant can also continue to file a request for review.
In the absence of a notification of refusal, it takes about 6 to 8 months from the time of application to the receipt of the notification of approval of registration.
3. Registration phase.
After the JPO issues a notice of approval of registration, the applicant is required to pay the registration fee within 30 days from the date of receipt of the notice of approval. The applicant obtains the registration of the trademark after paying the fee, and the JPO publishes an announcement.
The applicant can choose to pay the official fee for the 10-year term of protection in a lump sum, or choose to pay the official fee for the 5-year term of protection, depending on the actual situation.
Breakdown of Fees for the Registration Phase:
The official fee for the 10-year protection period is 28,200 yen for the category.
The official fee for the 5-year protection period is 16,400 yen for the category.
Usually, a registration certificate will be issued and a trademark gazette will be issued within one month after the registration fee is paid, and anyone can file an opposition application within two months from the date of issuance.
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