To ensure the safe use of product names, service names, company names, store names, logos, etc., it is important to consider trademark registration.
The process for registering a trademark involves deciding on the trademark you want to register, researching existing trademarks, selecting the category of goods and services, and submitting a trademark registration application to the Japan Patent Office. After that, the application undergoes examination by the Patent Office, and once the registration is approved and the registration fee is paid, the trademark rights are established.
Trademark registration can be handled by individuals or corporations themselves, or it can be entrusted to a patent attorney or patent office. However, it's not simply a matter of submitting application documents. Prior preparation is crucial, including trademark selection, pre-filing research, and determination of classifications and designated goods/services.
While these procedures are commonly referred to as "trademark applications" or "trademark registration applications," the official legal term is "trademark registration application." In this article, we will generally use the terms "application" or "trademark registration application," taking into account common search terms.
To help even first-time trademark registrants grasp the overall process, this article will sequentially introduce the basics of trademark registration, the information to prepare in advance, the procedures for creating and submitting application documents, the flow from examination to registration, and points to note.
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商標登録とは
A trademark is a mark used by a business to distinguish its goods or services from those of others.
Trademark registration covers letters, figures, symbols, three-dimensional shapes, as well as movements, holograms, colors, sounds, and positions that meet specific requirements.
In order to register trademarks such as product names, service names, and logos and receive protection under trademark rights, you generally need to file a trademark registration application with the Japan Patent Office.
Acquiring trademark rights grants you the exclusive right to use the registered trademark for the designated goods and services. Furthermore, if a third party uses the same or similar trademark for the same or similar goods or services, you may be able to prohibit such use or claim damages.
Trademark rights do not automatically arise simply by starting to use a name or logo. In Japan, as a general rule, a trademark registration application and registration with the Japan Patent Office are required.
Furthermore, in Japan, the first-to-file principle is adopted, meaning that in the event of multiple applications for the same or similar trademark, the applicant who filed first is generally given priority. Therefore, it is important to consider filing an application at the stage of adopting a name or logo, rather than waiting until you start using it.
Trademark Registration Procedures and Overall Flow
The trademark registration process generally proceeds in the following steps:
- Decide which trademark you want to register.
- Decide whether the applicant will be an individual or a legal entity.
- Organize the goods and services on which the trademark is used.
- Search for prior trademarks
- Determine the classification and designated goods/services.
- Prepare a trademark registration application.
- File a trademark registration application with the Japan Patent Office.
- To be examined by the Japan Patent Office
- If you receive a notice of reasons for rejection, take appropriate action.
- The registration fee is paid after the registration assessment.
- Trademark rights are created upon registration.
When researching how to register a trademark, you need to consider not only how to submit documents to the Japan Patent Office, but also the pre-application search and the design of the scope of rights.
In particular, the designated goods and services described in the trademark registration application are crucial in determining the scope of trademark rights after registration. Even if the description is insufficient, you cannot freely add goods or services after filing the application.
Things to prepare before filing a trademark registration application
Thorough preparation before filing is crucial for a smooth trademark registration process. First, organize the following points into a list.
- Name or logo you wish to register
- Actual trademark notation used
- Goods or services that use the trademark
- The applicant will be an individual or legal entity.
- Future business development plans
- Prior trademark search results
- Application category and designated goods/services
Organizing this information in advance is key to selecting the appropriate scope of rights.
When preparing for trademark registration, you should organize not only the goods and services you are currently using, but also any businesses you plan to develop in the near future.
However, you shouldn't simply specify an unlimited number of goods and services that you don't have any concrete plans to use. Increasing the number of categories unnecessarily will increase application and registration fees, and you may be asked to explain your intentions regarding their use.
STEP 1: Decide which trademark you want to register.
When deciding on names for your company's products or services, you need to pay attention not only to the possibility of registration but also to the risk of infringing on the trademark rights of other companies.
If problems arise after the name has been publicly announced or the product has been launched, changes to the name, packaging, advertising, website, etc., may be necessary. Therefore, it is important to research prior trademarks and make a careful selection before adopting a name.
Trademark registration is a procedure to protect names and marks, and is also part of a company's intellectual property strategy. For important brands, we consider our application strategy as early as possible.
If you wish to protect a name, you can file an application as a trademark consisting solely of text. If your priority is protecting the name itself, rather than the typeface or design of the text, you can also consider filing an application using the Japan Patent Office's standard character system.
On the other hand, if you want to protect the design of a logo or lettering, you should file a trademark application that includes a graphic or stylized lettering.
The main application methods are as follows:
- To file a trademark application for the name as a word trademark.
- I will file a trademark application for the logo as a figurative trademark.
- Apply by combining text and images.
- File separate applications for Japanese and English names.
- Apply using a combination of katakana and the alphabet.
Only one trademark can be registered per trademark application. For example, if you want to protect both a name consisting only of text and a logo that includes a graphic, you should consider filing separate applications for each.
If you frequently use the name and logo separately in your actual business, filing for both a word mark and a logo mark will make it easier to receive protection tailored to your usage.
STEP 2 Decide whether the applicant will be an individual or a legal entity.
Trademark registration applications can be filed by individuals or corporations.
For trademarks used by sole proprietors, applications can be filed in the individual's name. For brands used by companies, it is usually advisable to consider filing the application in the company's name.
The applicant is the person who will become the trademark owner if the trademark is registered.
If a company files a trademark application for a brand it will use in the name of its representative, it may later be necessary to transfer the applicant's name or trademark rights to the company. Conversely, if you plan to incorporate your business from a sole proprietorship, you need to carefully consider the timing and name of the application.
If the applicant is a corporation, the corporation's official name should be listed as the applicant.
If a corporation is handling the procedure online itself without an agent, the name of the representative must also be included. If the procedure is handled by an agent such as a patent attorney, the representative's field can be omitted.
It is necessary to confirm who the trademark owner will be before filing the application.
STEP 3: Search for prior trademarks before filing an application.
Once you've decided on the trademark you want to register, you'll need to investigate whether there are any identical or similar prior trademarks.
To search for prior trademarks, you can use "J-PlatPat," a free patent information platform operated by the National Institute of Industrial Property Information and Training (INPIT).
By using J-PlatPat's trademark search function, you can check information such as the trademark's characters, pronunciation, applicant, rights holder, classification, and similarity group code.
The investigation will identify not only trademarks with identical characters, but also trademarks such as the following:
- Trademarks with the same or similar pronunciation
- Differences in notation using hiragana, katakana, kanji, or the alphabet.
- Trademarks that differ only in some characters
- Trademarks with similar meaning or impression
- Logos and shapes that look similar
- Trademarks used in relation to the goods or services
For example, when applying for a trademark using the alphabet, it is important to search not only for the alphabetical spelling but also for its pronunciation in katakana.
Even if no identical trademarks are found in the J-PlatPat search results, registration is not guaranteed. The similarity of trademarks is determined based on factors such as appearance, pronunciation, meaning, and the relationship between the designated goods and services.
Accurately determining the likelihood of registration based on search results requires specialized knowledge. If you have difficulty making a judgment regarding important brands or names that will be used for a long period, consult with a specialist such as a patent attorney.
STEP 4: Check the conditions and main registration requirements for trademark registration.
Not all trademark applications are registered. The Japan Patent Office (JPO) examines whether the trademark meets the registration requirements stipulated in the Trademark Act.
The main registration requirements are as follows:
- The ability to distinguish one's own goods or services from those of others.
- It is not a trademark that merely displays the generic name or quality of a product.
- Not identical or similar to another person's prior trademark.
- It is unlikely to cause confusion with another person's well-known trademark.
- Do not violate public order and morals
- It must not conflict with the emblems of the national or local government.
For example, regarding the product "apple," even if you apply for trademark registration using its generic name "apple," it is generally difficult to register it as a trademark indicating a specific business's product.
On the other hand, even with the same word, the possibility of registration differs depending on its relationship to the specified product or service.
The conditions and requirements for trademark registration are not determined solely by looking at the trademark itself. The relationship between the trademark and the designated goods and services must also be considered.
STEP 5 Determine the designated goods and services and their classifications.
A trademark registration application must specify the "designated goods" or "designated services" under which the trademark will be used.
"Goods" refer to items manufactured or sold. "Services" refer to services provided by a business operator.
Goods and services are classified into categories from Class 1 to Class 45.
For example, they can be classified as follows:
- Cosmetics: Class 3
- Computer software: Category 9
- Clothing: Class 25
- Confectionery: Category 30
- Retail services: Class 35
- Provision of food and beverages: Category 43
Categories are classifications used to organize goods and services. Just because two goods or services belong to the same category doesn't mean they are all similar. Conversely, goods and services from different categories may be considered similar.
Narrowing the scope of designated goods and services too much may prevent adequate protection of actual businesses. On the other hand, designating too broadly may not only increase costs but also lead to problems during the review process.
J-PlatPat's "Product/Service Name Search" allows you to check categories, product/service names, and similarity group codes.
STEP 6: Prepare a trademark registration application.
The application document to be submitted to the Japan Patent Office is a "Trademark Registration Application."
The trademark registration application form can be downloaded from the application documents page provided by the Japan Patent Office. If you are creating the documents for the first time, refer to the sample application form and the guide on how to fill out trademark registration application documents.
A trademark registration application primarily includes the following information:
- Name or designation of the applicant
- Applicant's address or residence
- Representative of the corporation as needed
- Trademark to be registered
- Classification of goods and services
- Designated goods or designated services
If the applicant has been assigned a patent identification number by the Japan Patent Office, please include that 9-digit number.
An identification number is a number assigned by the Japan Patent Office to individuals or corporations conducting procedures. If you already have an identification number, you will, in principle, use the same number.
If you are filing a paper application without an assigned identification number, you must include your address or residence and your name or company name. If you are filing an online application yourself, you must register for an identification number.
When preparing the application, please check that there are no errors in the trademark notation, applicant's name, address, classification, and designated goods/services.
It is not possible to substantially change the trademark itself after filing the application. Furthermore, amendments to broaden the scope of rights by adding designated goods or services are generally not permitted.
STEP 7 File a trademark registration application with the Japan Patent Office.
There are two methods for applying for trademark registration: online application and paper application.
Trademark registration applications are submitted to the Japan Patent Office. They are not submitted to the Legal Affairs Bureau, the Tax Office, or the prefectural or municipal offices.
How to apply online
For online applications, you submit your trademark registration application to the Japan Patent Office using internet application software or similar tools.
To submit an online application, you will mainly need to prepare the following:
- Personal computer and internet environment
- electronic certificate
- Internet application software
- Japan Patent Office identification number
- Payment methods
Another method is to use the Japan Patent Office's beginner-friendly electronic filing service and create a trademark registration application by entering the necessary information on the screen.
How to apply in writing
You can prepare a trademark registration application on paper and submit it to the Japan Patent Office either by bringing it in person or by mail.
If submitting by mail, the application should be sent to the Japan Patent Office. The application form must be affixed with patent stamps equivalent to the application fee. These are not revenue stamps.
If you submit your application in paper form, you will be charged a separate digitization fee in addition to the application fee. The digitization fee is 2,400 yen plus 800 yen per page of the paper application.
Unless you plan to file a large number of applications on a continuous basis, setting up the environment for online applications can be time-consuming. When filing applications yourself, compare whether paper applications or online applications are more suitable for you.
Fees for trademark registration applications
The application fee payable to the Japan Patent Office when filing a trademark registration application is calculated using the following formula:
3,400 yen + number of categories × 8,600 yen
The application fees for each category are as follows:
| Number of sections | Application fee |
|---|---|
| 1 divisions | ¥12,000 |
| 2 divisions | ¥20,600 |
| 3 divisions | ¥29,200 |
After passing the screening process and undergoing the registration assessment, a separate registration fee will be required.
When paying 10 years' worth in a lump sum
Number of categories × 32,900 yen
If paying in installments over 5 years
Number of categories × 17,200 yen
These are fees paid to the Japan Patent Office. If you request a patent attorney or patent office to conduct research, prepare the application, or handle the application process, additional agent fees will be incurred.
For a detailed breakdown of trademark registration fees, please also refer to the related article, "How much does trademark registration and application cost? Explanation of Japan Patent Office fees and patent attorney fees."
STEP 8: Undergo examination by the Japan Patent Office
After filing a trademark registration application, a patent examiner at the Japan Patent Office will review whether the application meets the registration requirements.
The review process primarily checks the following:
- Is there anything wrong with the information on the application form?
- Are the designated goods and services clearly defined?
- Does the trademark have distinctiveness?
- Is it identical or similar to another person's prior trademark?
- Does it fall under the category of trademarks that cannot be registered for public interest reasons?
If no reason is found to prevent registration, you will be notified of the registration assessment.
If it is determined that there are reasons why registration cannot be made, a notice of refusal will be sent as a general rule. Receiving a notice of refusal does not mean that the refusal is final.
As of June 2026, the estimated time for the start of examination for domestic trademark registration applications, as published by the Japan Patent Office, is approximately 5 to 9 months. This varies depending on the field of goods/services and the application status.
When creating a schedule from application to registration, you need to factor in not only the time until the examination begins, but also the time required for the examiner's decision, responding to rejection notices, and paying registration fees.
If you meet the specified requirements and need to receive the review results quickly, you may be eligible for an expedited review.
How to respond if you receive a notice of rejection
The notice of rejection states the reasons why the current application cannot be registered.
The main countermeasures are as follows:
Submit an opinion paper
In response to the examiner's decision, you will explain that the applied-for trademark meets the registration requirements and is dissimilar to any cited prior trademarks.
Submit an amendment to the procedure.
We aim to resolve the grounds for rejection by amending or limiting the designated goods and services.
Depending on the grounds for rejection, we may submit a written opinion and an amendment to the application at the same time.
However, you cannot add new goods or services beyond the scope originally defined in the application by amending the designated goods or services.
Failure to respond to a notice of rejection and the response period expires may result in a final rejection decision. If you receive such a notice, check the grounds for rejection, the response deadline, and the scope of possible amendments, and consult with a patent attorney if necessary.
STEP 9 Pay the registration fee and obtain trademark rights.
Once your application passes the examination by the Japan Patent Office, you will be notified of the registration decision.
Receiving a registration decision does not automatically grant trademark rights. As a general rule, the registration fee must be paid within 30 days of the date the copy of the registration decision is served.
Upon payment of the registration fee, the trademark will be registered with the Japan Patent Office, and trademark rights will be established.
The term of a trademark right is 10 years from the date of registration. It can be renewed every 10 years by filing a renewal application and paying the renewal fee.
If you pay the registration fee in two installments of five years, you will need to pay the remaining installment of the registration fee within the deadline in order to maintain your rights for the second five years as well.
When filing an application yourself vs. when hiring a patent attorney
Trademark registration can be filed by individuals or corporations themselves.
The advantage of filing the application yourself is that you can save on patent attorney fees. On the other hand, you will have to perform the following tasks yourself.
- Decision on which trademark to register
- Prior trademark search
- Determining the possibility of registration
- Selection of categories and designated goods/services
- Verification of applicant's name
- Preparation and submission of trademark registration application
- Confirmation of notification from the Japan Patent Office
- Responding to a notice of rejection
- Management of registration fees and renewal deadlines
While it may be possible to get the application form into the right format, designing the appropriate scope of rights is not easy.
If the designated goods and services are too narrowly defined, it may not adequately protect the actual business. Conversely, if they are too broadly defined, costs may increase or problems may arise during the review process.
While hiring a patent attorney incurs fees, you will receive expert support in areas such as trademark searches, assessment of registrability, design of the scope of rights, application preparation, and responding to notices of refusal.
For important product names, core company brands, logos intended for long-term use, and trademarks planned for international expansion, consider consulting with a patent attorney before filing a patent application.
Frequently Asked Questions about Trademark Registration Procedures and Points to Note
Can individuals register trademarks?
Individuals can also file trademark registration applications. Being a sole proprietor or having established a company is not required. However, the individual listed as the applicant will become the trademark owner after registration. If the rights are later transferred to a corporation, a change of applicant name or registration of trademark transfer is required.
Who should be the applicant when a corporation files a trademark application?
If a company holds the rights, the official name of the legal entity should be listed as the applicant. The individual representative or person in charge should not be listed as the applicant.
Where do I apply for trademark registration?
Trademark registration applications are submitted to the Japan Patent Office. Applications can be submitted online, in person at the Patent Office, or by mail.
What is required to file an online trademark registration application?
In principle, you will need a personal computer, an electronic certificate, internet application software, a Japan Patent Office identification number, and a means of payment for the fees.
What is an identification number?
The identification number is a 9-digit number assigned by the Japan Patent Office to the individual or legal entity filing the application. If a number has already been assigned, the same number will be used for the new application.
Can I file an application even before using the trademark?
It is generally not required that you are already using the trademark at the time of application. You can also apply for a name or logo that you plan to use in the future. However, if you have no intention of using it and specify an extremely broad range of goods or services, you may be asked to explain your intention to use it and your business plan.
If the same name is already registered, can I not apply?
Even if a trademark with the same name is already registered, it may still be registered if the designated goods and services are dissimilar. On the other hand, even if the characters are not exactly the same, if the pronunciation, meaning, or appearance is similar, and the goods and services are deemed similar, it may be rejected.
If a company name is registered, is trademark registration unnecessary?
Company name registration and trademark registration are separate systems. Simply registering a company does not automatically grant nationwide trademark rights to its name. If you intend to continuously use your company name as a product or service name, you should consider trademark registration.
Is the process for registering a logo as a trademark different from that for a word mark?
The basic procedure is the same, but the application form includes an image of the logo you wish to register. If you also want to protect the name itself, you should consider applying for a word trademark separately from the logo trademark.
Can I change the name or logo after filing the application?
After filing an application, you cannot make any substantial changes that alter the essential elements or overall impression of the trademark. If you change the name or logo, you must, in principle, file a new trademark registration application for the changed trademark.
Can I use Japanese trademark rights in other countries?
In principle, trademark rights acquired in Japan are only valid within Japan. To protect a trademark in other countries, you should consider filing direct applications in each country or using the Madrid System for international registration.
Summary
The process of registering a trademark involves deciding on the trademark to be registered and the applicant, researching prior trademarks, selecting the class and designated goods/services, and then submitting a trademark registration application to the Japan Patent Office.
There are two methods for applying for trademark registration: online application and paper application. Individuals and corporations can apply themselves, but specialized knowledge is required for conducting prior trademark searches, determining registration requirements, and creating designated goods and services.
After filing, the Japan Patent Office will conduct an examination. If there are no grounds for rejection, a registration decision will be made, and trademark rights will be established upon payment of the registration fee within the deadline.
When registering a trademark, it's not simply about filing an application, but about obtaining rights that are appropriate to your business.
In addition to the costs, consider the importance of the brand, intended use, future business development, and potential for overseas expansion when deciding whether to handle the procedures yourself or entrust them to a patent attorney or patent firm.
References and related URLs
- Japan Patent Office: "If it's your first time, read this - The basics of trademark application"
- Japan Patent Office, "Overview of the Trademark System"
- Japan Patent Office "List of Fees Related to Industrial Property Rights"
- Japan Patent Office, "Status of Trademark Examination Commencement"
- Japan Patent Office: "To those who have received a registration decision"
- Japan Patent Office: "To those who have received a notice of rejection"
- J-PlatPat "Trademark Search"
- J-PlatPat "Product/Service Name Search"
Supervised by: Patent Attorney Hiroaki Nakano