Japan Trademark Registration
Trademark Registration in Japan
Practice tips for international clients for the registration of trademarks in Japan.
There are two primary methods for obtaining a trademark registration in Japan: filing a Japanese trademark application or responding to a provisional refusal against an international registration.
01. Trademark Application in Japan
Cost:
The estimated costs for filing a Japanese trademark application are as follows (in Japanese yen).
- Official Fee: JPY 12,000 + JPY 8,600 x M (the number of classes)
- Attorney’s Fee: JPY 90,000 + JPY 45,000 x M (the number of claims)
Our Practice:
(1) Mark
Please note that it is necessary to file a separate trademark application for each mark. We modify the mark data received from our client so that it is in a format suitable for filing with the Japan Patent Office (JPO).
Typically, our international clients file trademark applications directed to Logo (figurative mark) or Wordmark (standard characters). However, under the new Japanese practice, new types of trademarks, such as those consisting solely of color, motion, sound, or holograms, are also eligible for registration.
(2) Goods/Services
It is essential to specify the goods and/or services for which the trademark is currently being used or is intended to be used. Upon receipt of a draft of the goods/services, we conduct a review of the precedents in the JPO database to ensure their alignment with Japanese trademark practices. Please note that a mere translation of the texts of goods/services would not be sufficient.
We also categorize goods and services according to their appropriate classification. It is possible to include multiple classes in a single trademark application; however, please note that the fees will be increased based on the number of classes.
(3) Preliminary Search
We conduct a preliminary search to determine whether there is any existing trademark that could prevent the registration of the proposed trademark. Please note that this search is complimentary, but it is not exhaustive.
The estimated costs for filing a Japanese trademark application are as follows (in Japanese yen).
- Official Fee: JPY 12,000 + JPY 8,600 x M (the number of classes)
- Attorney’s Fee: JPY 90,000 + JPY 45,000 x M (the number of claims)
Our Practice:
(1) Mark
Please note that it is necessary to file a separate trademark application for each mark. We modify the mark data received from our client so that it is in a format suitable for filing with the Japan Patent Office (JPO).
Typically, our international clients file trademark applications directed to Logo (figurative mark) or Wordmark (standard characters). However, under the new Japanese practice, new types of trademarks, such as those consisting solely of color, motion, sound, or holograms, are also eligible for registration.
(2) Goods/Services
It is essential to specify the goods and/or services for which the trademark is currently being used or is intended to be used. Upon receipt of a draft of the goods/services, we conduct a review of the precedents in the JPO database to ensure their alignment with Japanese trademark practices. Please note that a mere translation of the texts of goods/services would not be sufficient.
We also categorize goods and services according to their appropriate classification. It is possible to include multiple classes in a single trademark application; however, please note that the fees will be increased based on the number of classes.
(3) Preliminary Search
We conduct a preliminary search to determine whether there is any existing trademark that could prevent the registration of the proposed trademark. Please note that this search is complimentary, but it is not exhaustive.
02. Provisional Refusal
If you file an international registration at the WIPO and designate Japan, the JPO will examine the registration. In the event that the JPO identifies grounds for refusal, a notification of provisional refusal will be issued. Please be advised that a response must be submitted through a Japanese attorney.
Deadline:
The deadline for filing a response to an office action is three months. An initial extension of one month can be granted at the first request, followed by a subsequent extension of two months at the second request. This provision allows for a six-month period from the date of pronouncement of provisional refusal's pronouncement.
Cost:
(1) Attorney’s Fee
The estimated costs for filing a request for examination are as follows (in Japanese yen):
- Attorney's Fee: JPY 90,000
This includes the submission of power of attorney, the filing of a response (amendment and argument), and the delivery of an electronic copy of a registration certificate following the grant, if applicable.
A provisional refusal typically includes recommendations for amendments that can effectively safeguard the trademark as outlined in Item VI of the document. If you do not agree with the proposals or the provisional refusal does not include Item VI, our service fee may change depending on the workload.
(2) Extension Fee
The estimated costs for filing a request for each extension are as follows (in Japanese yen):
- Official Fee (for first extension): JPY 2,100
- Official Fee (for second extension): JPY 4,200
- Attorney's Fee: JPY 10,000
Deadline:
The deadline for filing a response to an office action is three months. An initial extension of one month can be granted at the first request, followed by a subsequent extension of two months at the second request. This provision allows for a six-month period from the date of pronouncement of provisional refusal's pronouncement.
Cost:
(1) Attorney’s Fee
The estimated costs for filing a request for examination are as follows (in Japanese yen):
- Attorney's Fee: JPY 90,000
This includes the submission of power of attorney, the filing of a response (amendment and argument), and the delivery of an electronic copy of a registration certificate following the grant, if applicable.
A provisional refusal typically includes recommendations for amendments that can effectively safeguard the trademark as outlined in Item VI of the document. If you do not agree with the proposals or the provisional refusal does not include Item VI, our service fee may change depending on the workload.
(2) Extension Fee
The estimated costs for filing a request for each extension are as follows (in Japanese yen):
- Official Fee (for first extension): JPY 2,100
- Official Fee (for second extension): JPY 4,200
- Attorney's Fee: JPY 10,000
03. Trademark Registration
If the examiner determines that the trademark application meets the necessary standards for allowance, the JPO will issue a Decision to Grant.
Deadline:
To register the application as a trademark right, the registration fee must be paid within 30 days.
A request for a 30-day extension for the payment of the registration fee is possible.
In the event of a response to a provisional refusal regarding an international registration, the subsequent procedure should be completed in your jurisdiction before the WIPO, not through our firm.
Cost:
The estimated costs for paying the registration fee are as follows (in Japanese yen):
- Official Fee (for a full 10 year duration): JPY 32,900 x M (the number of classes)
- Attorney's Fee: JPY 30,000
If applicable, the estimated costs for obtaining the extension are as follows (in Japanese yen):
- Official Fee: JPY 2,100
- Attorney's Fee: JPY 15,000
Certificate of Trademark Registration:
As part of our digitization efforts, please note that as of April 1, 2024, the JPO will no longer provide paper copies of Certificate of Trademark Registration unless a specific request is made. Instead, the JPO issues a Certificate of Trademark Registration electronically. We promptly send an electronic copy of the certificate to our clients via email upon receipt.
Deadline:
To register the application as a trademark right, the registration fee must be paid within 30 days.
A request for a 30-day extension for the payment of the registration fee is possible.
In the event of a response to a provisional refusal regarding an international registration, the subsequent procedure should be completed in your jurisdiction before the WIPO, not through our firm.
Cost:
The estimated costs for paying the registration fee are as follows (in Japanese yen):
- Official Fee (for a full 10 year duration): JPY 32,900 x M (the number of classes)
- Attorney's Fee: JPY 30,000
If applicable, the estimated costs for obtaining the extension are as follows (in Japanese yen):
- Official Fee: JPY 2,100
- Attorney's Fee: JPY 15,000
Certificate of Trademark Registration:
As part of our digitization efforts, please note that as of April 1, 2024, the JPO will no longer provide paper copies of Certificate of Trademark Registration unless a specific request is made. Instead, the JPO issues a Certificate of Trademark Registration electronically. We promptly send an electronic copy of the certificate to our clients via email upon receipt.
04. Trademark Renewal
Please note that trademark rights can be maintained indefinitely by renewing them every 10 years following registration.
Deadline:
Please be advised that renewals may be processed from six months prior to the expiration of the trademark term until the date of expiration.
It is possible to extend each renewal payment deadline by six months from the original deadline by paying the late payment surcharge.
Cost:
The estimated costs for paying each renewal fee are as follows (in Japanese yen):
- Official Fee (for a full 10 year duration): JPY 43,600 x M (the number of classes)
- Attorney's Fee: JPY 30,000
If applicable, the estimated costs for obtaining the extension are as follows (in Japanese yen):
- Official Fee (late payment surcharge): Same amount as the annuity
- Attorney's Fee: JPY 15,000
Deadline:
Please be advised that renewals may be processed from six months prior to the expiration of the trademark term until the date of expiration.
It is possible to extend each renewal payment deadline by six months from the original deadline by paying the late payment surcharge.
Cost:
The estimated costs for paying each renewal fee are as follows (in Japanese yen):
- Official Fee (for a full 10 year duration): JPY 43,600 x M (the number of classes)
- Attorney's Fee: JPY 30,000
If applicable, the estimated costs for obtaining the extension are as follows (in Japanese yen):
- Official Fee (late payment surcharge): Same amount as the annuity
- Attorney's Fee: JPY 15,000