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On what grounds may a trademark be refused in Japan?
Trademark applications in Japan are examined to make sure they are distinctive and to make sure there are no similar prior filed or registered trademarks (this is similar to US, Canadian and Australian trademark law procedures).
Please describe trademark registration process in Japan.
Trademark registration process in Japan is as follows:
A trademark is filed and serial number is assigned.
Trademark is accepted if minimum requirements are met (formalities). Trademark is published for opposition purposes the 1st time. Opposition period is 2 months.
Substantive examination is undertaken. Examination results become available 8 months after the filing. If an objection is issued, a response may be filed within 3 months of having received the refusal.
If mark successfully undergoes substantive examination, trademark will be allowed. Applicant has to pay registration fees (official grant fees) withing 30 days of allowance and trademark will register.
After registration, it will be published for opposition purposes for the 2nd time in trademark gazette. If there are no oppositions within a 2-month period, trademark will remain valid. If there is an opposition, then registrant must defend the trademark by submitting arguments.
What types of trademarks can be protected in Japan?
In Japan, trademarks can be categorized as follows:
1) work marks (Japanese characters and alphabetical characters)
2) Trademarks that consist of symbols or images.
3) Combined marks consisting of words and images
4) 3D trademarks
Most commonly filed trademarks are 1, 2 and 3.
Is trademark use required for trademark registration in Japan?
While use is not required for trademark registration, a trademark in Japan may be cancelled on the basis of non-use it there has been no use for more than 3 years, if such request is submitted by an interested party and with the payment of a corresponding fee.
How long is a trademark opposition period in Japan?
A trademark opposition in Japan may be filed by an interested party within two months from the date of its publication. Trademarks are published twice, first time right after filing and second time after registration.
A trademark in Japan is valid for 10 years from the registration date (not from the application date like in many other countries). It can be renewed every ten years by paying a renewal fee.