Columns & IP Info

To obtain trademark rights overseas

Trademark rights acquired in Japan are recognized based on Japanese trademark law, so unfortunately, as a general rule, they are not recognized as rights in foreign countries. For example, even if a trademark that is the same as or very similar to a registered trademark in Japan is used overseas, you may not be able to take countermeasures. Therefore, in business development

How should I choose the country of application?

Filing in a foreign country is more expensive and time-consuming than filing in Japan, so you should choose the country of application carefully. In short, there are various forms of overseas expansion, but in what country should you obtain trademark rights? There is no absolute answer to this question. However, the following criteria are only one of the criteria when deciding the country of application.

What are some tips for choosing a trademark overseas?

In recent years, with the advancement of globalization, it has become common for companies to sell the same products and provide services not only in Japan but also in other countries. In that case, if you can develop the same trademark in each country, you will be able to enjoy various benefits that come with improving and strengthening your brand power. However, trademarks (namings) used in foreign countries

Necessity of overseas trademark application

Trademark rights are established in each country and are generally valid only in the country where they are registered. For example, if you acquire trademark rights in Japan, those rights are valid only within Japan. Therefore, in order to exercise trademark rights in a foreign country, you must obtain trademark rights in that country. Additionally, as mentioned above, trademark rights in each country are independent.

Is an investigation necessary?

 Conducting a trademark search before actually filing a trademark application in a foreign country is more important than conducting a trademark search when filing in Japan. Foreign applications are expensive, so knowing the possibility of registration before filing is useful to avoid surprise rejections. In addition, specific judgments such as distinctiveness and trademark similarity differ depending on the country.

How much does it cost?

There are two main ways to register a trademark in a foreign country: direct application and Madpro route. (In addition, if you wish to apply in Europe, you can obtain trademark rights covering EU member countries by applying to EUIPO by using an EUTM application (European Community application).) Direct application ○ Generally, direct to the application

What is the period until registration?

How long does it take for an overseas application to be registered?1. If you apply directly to each country individually If you apply directly to each country individually, the procedures up to registration will depend on the system in each country. In addition, these various procedures require cooperation with local agents, so it takes time to communicate with them. The examination period varies greatly depending on the country, and the examination can be completed within one year.

The secret to successful trademark management in the Chinese market

Is your brand well protected in the Chinese market? This article introduces the importance of trademark management and specific methods for protecting companies from the risk of trademark infringement and increasing their competitiveness in the market. From understanding the legal framework to new challenges in the digital age, this is a must-read for unlocking the keys to success in the Chinese market.

Foreign trademark trivia

Part 1: About trademarks for "sound" Currently, in Japan, where we live, things that "always appeal to the visual sense," such as letters, figures, and three-dimensional shapes, are protected as trademarks. In other words, things like "sound" and "smell" are not protected as trademarks because they do not have visual appeal. It also needs to be "static"

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