table of contents
1. Basics of trademark application (trademark registration application)
*The official name of a trademark application is a trademark registration application. This page uses the term "trademark application" to make it easier for the general public to understand.
(1) Why is it necessary to apply for a trademark?
Trademark rights arise when you apply for a trademark and it is approved for registration. Unlike copyright, trademark rights, which are a type of industrial property right, only come into existence when the trademark is registered at the Japan Patent Office. In other words, just using it does not give you any rights.
The advantages of acquiring trademark rights are as follows.
① You can have exclusive rights and continue to use it as your trademark.
② If an unauthorized third party uses a trademark that is the same as or similar to your registered trademark, you may sue for infringement.
(2) Who can apply?
A trademark application can be filed by the applicant (a natural person or corporation with an address in Japan). It can also be done by a representative (patent attorney).
*Organizations without legal personality are not recognized as applicants. In addition, foreigners and minors must meet certain requirements in order to be recognized as applicants.
(3) What to apply for?
When applying for a trademark, the scope of protection under trademark law is wide-ranging, as shown below.
- Text
- Figure
- symbol
- consisting of three-dimensional shapes
- motion trademark
- hologram trademark
- Trademark consisting only of colors
- Sound trademark
- position trademark
As a general rule, one application for one trademark is required. Therefore, more than one trademark cannot be included in one application.
(4) How can I apply?
There are two types of procedures for filing with the Japan Patent Office: "online procedures," which are performed electronically, and "document procedures," which are submitted by mail. Currently, the majority of procedures at the Patent Office are done online.
In order to complete online procedures, advance preparations such as obtaining internet application software are required.
To apply for a trademark, you must submit an application. An application is a document that indicates to the Commissioner of the Patent Office your intention to register a trademark. The application must mainly include the following items:
- Trademark to be registered
- Designated goods or designated categories and categories of goods and services
- Designated goods (services)
- Applicant's name
(5) Expenses
There will always be a stamp fee paid to the patent office. Application fees and registration fees are required for registration, and additional fees will be incurred if a patent attorney is requested to file the application.
- Application fee: 3,400 yen + (8,600 yen x number of categories)
- Registration fee: 32,900 yen x number of categories
2. Process from application to registration
(1) Adoption of trademark and selection of scope of rights
Decide on the trademark you wish to register. Whether you use katakana, kanji, a logo, or a two-tiered structure will determine whether you receive a registration assessment or not. Therefore, a trademark search is often conducted when selecting a trademark.
We also select the designated goods and services for which the trademark is to be registered. When making your selection, you must carefully select all the products and services that you will use or plan to use. If there is an omission in the selection of designated goods and services, even if a third party's trademark that is applied for later is the same or similar, if the designated goods and services are dissimilar, another person will be allowed to register the trademark. It will be.
(2) Application (application)
Once you have decided what you want to apply for, apply. Trademark rights are granted to those who apply first, so the sooner you apply, the better.
(3) Examination - Occurrence of trademark rights
Once the application is completed, the examiner will examine whether the applied trademark meets the requirements for registration. If it is determined that the application meets the requirements for registration, a decision will be made for registration; if it is determined that the application does not meet the requirements for registration, the reasons for refusal will be notified. If you continue to aim for registration, we will aim to eliminate or overcome the reasons for refusal by submitting written opinions and amendments.
If your trademark is approved for registration, trademark rights will be granted upon payment of the prescribed registration fee.