The general procedures, timelines, and costs to get a trademark protection in Japan are summarized hereinbelow. We hope the information will be of some help to you. If you have any questions, please do not hesitate to contact us.
1. Trademark Filing in Japan
(1) Due Date
If you wish to enjoy the benefits of the priority based on the original application filed in your country, it is required to file a trademark application in Japan within 6 months.
(2) Fee:
- Attorney’s Fee: JPY50,000 (in one class) + JPY30,000 (per additional class)
- Government Fee: JPY12,000 (in one class) + JPY8,600 (per additional class)
2. Pre-Filing Trademark Search
Unlike patent applications, some (half, very roughly) of our clients file trademark applications without claiming the priority. Instead, they ask us to conduct pre-filing trademark search.
Fee:
- Attorney’s Fee: JPY60,000 (in one class) + JPY 30,000 (per additional class)
3. Response to Office Action
(1) Due Date
We receive a first office action from the Japan Patent Office usually within 8-9 months after the filing. In practice, almost half of trademark applications are granted without receiving any office actions. In response to an office action, we have to file a response within 3 months, which can be extended up to 6 months if necessary.
(2) Fee
- Attorney’s Fee: JPY 80,000 (approximately) (including English translation of Office Action, comments and proposals, amendments, and arguments)
4. Appeal (Response to Decision of Rejection)
(1) Due Date
If grounds for rejection raised in the Office Action are not overcome, we receive a Decision of Rejection. In this case, it is required to file an appeal within 4 months (non-extendable).
In practice, we seldome file an appeal against a decision of rejection regarding trademak cases.
(2) Fee
- Government Fee: JPY15,000 (basic fee) + JPY40,000 x N (the number of classes)
- Attorney’s Fee: JPY 150,000 (approximately) (including English translation of Decision, comments and proposals, notice of appeal, amendments, and appeal brief)
5. Post Allowance
(1) Due Date
If the examiner considers that the application is in condition for allowance, we receive a Decision to Grant. In this case, we have to pay the registration fee within 30 days.
(2) Fee
(i) Registration
- Government Fee: JPY28,200 x N (the number of classes)
- Attorney’s Fee: JPY 30,000
Please note that we usually pay the registration fee for a full ten year duration. However, if you wish, it is possible to pay the registration fee in two installment payments, i.e. the registration fee for the former five year duration: JPY16,400 x N (the number of classes).
(ii) Renewals
- Government Fee: JPY38,800 x N (the number of classes)
- Attorney’s Fee: JPY 30,000
(3) Extension / Late Payment
It is possible to file a request for 30 days extension of the term for paying the Registration Fee / Maintenance Fee.
Further, even if the original due date expires, it is possible to extend payment up to 6 months after the due date with payment of a surcharge, which is the same amount as the official fee.