Registration of Trademarks in Japan
May 02, 2018
Registration of Trademarks in Japan is administered by the Japan Patent Office – a governmental authority. The JPO’s official website contains English explanations and we highly recommend interested persons to refer to the information there for general understanding: https://www.jpo.go.jp/tetuzuki_e/t_gaiyo_e/tr_right.htm
Trademark registration in Japan under the domestic law involves a two-step process: Application and if approved, Registration. It generally takes around 10 months before receiving the results of Application with the possibility of Refusal. Due to the difference in work required; time needed; and potential complications; our office usually invoice in increments according to the different stages.
Fees For Registration
Our professional fee for Application is ¥ 70,000 for each trademark with each additional class at ¥ 50,000. JPO fees are ¥12,000 for each trademark with each additional class at ¥8,600.
For Registration, it is ¥ 22,000 for each trademark with each additional class at ¥11,000. JPO fees are ¥28,200 for each trademark with each additional class at ¥28,200.
We usually recommend conducting a Priority Search prior to Application in order to detect potential issues and conflict with existing trademarks. This would help you to avoid civil or criminal cases where you may have been using someone else’s brand name. An estimate is available upon receiving information about the nature of the trademark (ie. Name, logo, category…etc) and the products and services. The Priority Search fee will depend on the number of similar classes and wordmarks, as well as whether an English translation of the opinion letter is necessary.
Provisional Refusal (Domestic and under Madrid Protocol)
Our office is able to assist with responding to Refusal from JPO whether domestic or under the Madrid Protocol. Trademark registered in other countries may have difficulties when registering with the JPO under the Madrid Protocol. There are some cultural differences that affect matters such as formality and drafting norms.
Please do not hesitate to contact us through the Contact Form on our website regarding your trademark issues.