July [Legal] Newsletter

"Issues to be considered regarding the design system" 19th Design System Subcommittee Meeting

The 19th Design System Subcommittee meeting was held at the Japan Patent Office on May 22, 2025. Our firm's newsletter has covered the issues under consideration by the Design System Subcommittee on multiple occasions, but as these are important issues, we will continue to introduce them here. The issues under consideration give insight into the direction that future revisions to the design system are being considered. This time, we will focus on the issue of "use and function" in determining whether designs are similar, starting with "the state of the design system for designs in virtual space." (The following is an excerpt from "19th Design System Subcommittee Handout 1" (Japan Patent Office))

Currently, image designs are certified as designs based on the use, function, shape, etc. of the "image." However, in virtual space, virtual objects, etc., unlike objects, etc. used in real space, have a weak relationship between use, function, and shape, etc., and functions can be added or removed. In addition, since there are no constraints of physical laws in virtual space, objects, etc. can be given functions that do not exist in real space. For example, as in Example 2 below, a "ring" can be given the "function of unlocking a door."

In light of the above circumstances, the following Plan A and Plan B are being considered.
Plan A: Determine whether the uses and functions of virtual objects, etc. are similar
Plan B: No judgment is made on the similarity of uses and functions of virtual objects, etc.
　　　　　　(Similarities are judged based only on shape, etc.)

A response plan has been presented that Plan A is more appropriate than Plan B because it is consistent with Japan’s design system and there are fewer concerns to be taken into consideration (the burden and chilling effect of clearance searches: the number of items to be searched will increase dramatically). However, it appears that further consideration will be given to the plan in the future.

Publication of Trademark Examination Status and Accelerated Examination

The Patent Office states on its website:Trademark examination status (cases not yet started)" page to announce the expected start date for cases where examination has not yet begun after application for trademark registration.

This page is updated every four months, and allows you to check when applications are scheduled to be reviewed for each industry sector for the next three months from the update month. You can also check how many months it will take for applications filed/filed around the time of the update to be reviewed.

Currently, examinations are scheduled to begin from June to September 2025, and examinations are scheduled to begin in July 2025 for cases filed directly with the JPO between November 2024 and February 2025 (depending on the industry field), and for cases filed as international registrations between October and December 2024. In addition, the estimated period until examination begins for cases filed/filed between April and July 2025 is 5 to 8 months for cases filed directly with the JPO, and 7 to 9 months for cases filed as international registrations.

On the "Trademark Examination Status (Applications Not Yet Started)" page, you can estimate the time it will take to register your application. If you want to obtain your rights sooner, you can use the "accelerated examination" option by meeting certain requirements.

・Accelerated examination

The accelerated trademark examination system is a system that allows you to receive the examination results earlier than the normal examination system. If you apply for an accelerated examination, the period from application to notification of the first examination result isOn average, about two monthsThis means you will receive the results much quicker than with regular applications.

To be eligible for the accelerated examination system, your application must meet one of the following conditions:

• The applicant has applied for a trademark for a designated product or service.partCases where the invention has already been used and the right is urgently required
• The applicant has applied for a trademark for a designated product or service.partIt has already been used for the designated goods and services.allThe case is listed in the "Similar Products and Services Examination Guidelines" etc.
• The applicant has applied for a trademark for a designated product or service.allProjects already using

* "Applicant" can also be "licensee." Also, "already using the applied trademark" includes "preparation for use to a considerable extent."

In either case, it is important to note that the trademark being applied for must be used for at least some of the designated goods and services. When applying, you must submit evidence that the conditions are met.

A request for accelerated examination can be made at any time after filing a trademark application, but in order to maximize the benefit of receiving the examination results quickly, it is advisable to apply as soon as possible after filing.

Japanese government announces "Digital Archive Strategy 2026-2030"

On May 30, 2025, the Japanese government's Intellectual Property Strategy Headquarters published the "Digital Archives Strategy 2026-2030."

This strategy has been compiled with the mission of realizing a rich, creative society in which digital archives are integrated into everyday life by increasing the discoverability of Japan's cultural and academic content and providing an infrastructure that makes them easy to use through the mutual collaboration between new information technologies and digital archives (the overall system for collecting, preserving, and providing various digital information resources).It also sets out the direction for promoting digital archives (note) in Japan and indicates priorities for the next five years (2026-2030).

This strategy positions the following four measures as basic measures for promoting digital archives.

①Establishing infrastructure for promoting digital archives
　...Development of metadata, clarification of secondary use conditions, provision of information regarding copyrights and other rights, etc.
②Establishment and maintenance of the national search, browsing and utilization platform "Japan Search"
③ Overseas communication
④Human resource development and awareness raising

In addition, the Act also clearly stipulates the roles that the national and local governments, universities, private businesses, etc. should play in promoting digital archives. It also states that various initiatives will be promoted in order to encourage the efforts of related parties in the digital archives effort, and provides support for simple and unified rights processing, such as the Unmanaged Works Adjudication System.^(note)Examples of uses include:

(Note) For more information on the Uncontrolled Works Arbitration System,June 2025 [Legal] Newsletter for more information.

Among the priorities for the next five years, this strategy prioritizes "cultural assets and academic materials" such as cultural properties, art, films, broadcast programs, and books as key promotion areas. In addition, as cross-cutting themes, it prioritizes "media arts" such as manga, anime, and games from the perspective of Cool Japan, which aims to promote the appeal of all parts of Japan, including local regions, and "regional resources" from the perspective of regional revitalization, including their use in disaster prevention and tourism.

<Reference URL>
Prime Minister's Office Website: Digital Archive Strategy 2026-2030
https://www.kantei.go.jp/jp/singi/titeki2/pdf/archive_2026-2030.pdf
Prime Minister's Office Website: Outline of the Digital Archive Strategy 2026-2030
https://www.kantei.go.jp/jp/singi/titeki2/pdf/archive_2026-2030_gaiyo.pdf

Newsletter translated into English

“Issues for Consideration Concerning the Design System” 19th Subcommittee on Design System

On May 22, 2025, the 19th meeting of the Design System Subcommittee was held at the Japan Patent Office (JPO). We have previously reported matters discussed by this subcommittee several times in our newsletters, and given the significance of these matters, we will continue to provide updates. By examining the matters discussed, we can gain insight into the direction of potential future revisions to the design system. In this edition, we will focus on the issue of “use and function” in determining the Similarity of designs, particularly from the perspective of “the design system for designs in virtual space”.

(The following is an excerpt from the “19th Design System Subcommittee Meeting Handout 1” published by the JPO).

For current graphic image designs, design recognition is based on the use, function, and shape as a “graphic image”. However, virtual goods and other items in virtual space differ from goods, etc. that are used in the real world. In the virtual space, use and function are only tenuously related to shape and functions can be added or deleted. Furthermore, as virtual spaces are not bound by the laws of physics, it is also possible to create functions for goods, etc. that do not exist in real space. below, a “ring” could possess a “door unlocking function”.

In light of the above circumstances, the following two proposals, A and B, are currently under consideration.
Proposal A: Evaluate the similarity of virtual goods, etc., based on their use and function.
Proposal B: Omit the evaluation of similarity in terms of use and function for virtual goods, etc.
　　　　　(Similarity would be evaluated solely based on the shape)

Proposal A has been deemed more appropriate than Proposal B because it is consistent with Japan's design system and has fewer concerns to be considered (the burden and the attrition effect of clearance searches due to the enormous number of search subjects). However, it appears that further deliberations will be undertaken moving forward.

Publication of Trademark Examination Commencement Status and Accelerated Examinations

The JPO has set up a page on its website entitled “Trademark Examination Commencement Status (Unexamined Matters)” to announce the expected start dates for cases that have not yet been examined after the filing of an application for trademark registration.

The page is updated every four months, and allows users to check when examination of applications in each industrial field is scheduled to commence in each month from the month of the update to three months in the future. It is also possible to check how many months it will take to commence the examination of applications filed before and after the update.

Currently, the schedule for commencement of examinations from June to September 2025 can be confirmed. The schedule for commencement of examinations in July 2025 is for cases filed directly with the JPO from November 2024 to February 2025 (depending on the industrial field), and for cases for international registration filed from October to December 2024. In addition, the estimated time to until commencement of examination for cases filed for between April and July 2025 is/will be 5-8 months for cases filed directly with the JPO, and 7-9 months for cases for international registration.

Users can estimate the time required for the registration of their future applications on the “Trademark Prosecution Status (Pending Prosecution)” page. If users wish to obtain rights more quickly, they can use the “Accelerated Examination” service if they meet certain requirements.

・Accelerated Examination

The Accelerated Examination System for Trademarks is a system that allows applicants to receive examination results earlier than normal. The average time from application to notification of the first examination result is approximately two months, which is much faster than for regular cases. To be eligible for the Accelerated Examination Program, one of the following conditions must be met:

• Cases in which the applicant is already using the applied-for trademark for some of the designated goods or services, and in which the acquisition of rights is urgently required
• Cases in which the applicant is already using the applied-for trademark for some of the designated goods or services, and all of the designated goods or services are listed in the “Examination Guidelines for Similar Goods and Services”, etc.
• Cases in which the applicant is already using the applied-for trademark for all of the designated goods and services

Note: the “applicant” can also be a “licensee”. In addition, “already using the applied-for trademark” includes cases where the applicant is “making substantial preparations for use”.

In any of the above cases, it should be noted that the applicant's trademark must be used for at least part of the designated goods or services. At the time of application, the applicant is required to submit documentary evidence to prove that the conditions are met.

Although a request for accelerated examination can be filed at any time after the trademark application is filed, it is advisable to file the request as soon as possible after filing the application in order to maximize the benefit of receiving the examination results as soon as possible.

Japanese Government Releases “Digital Archive Strategy 2026-2030”

On May 30, 2025, the Japanese government's Intellectual Property Strategy Headquarters released its “Digital Archive Strategy 2026-2030”.

This strategy aims to enhance the discoverability of Japan's cultural and academic content and to provide a foundation that facilitates their utilization through mutual collaboration of new information technology and digital archives (that is, the overall system for collecting, preserving, and providing various digital information resources), thereby realizing a rich and creative society in which digital archives are integrated into daily life. It sets out the direction for the promotion of digital archives in Japan (see note below) and outlines priorities for the next five years (2026-2030).

The Strategy identifies the following four basic measures as for the promotion of digital archives.
(1) Infrastructure development for the promotion of digital archives (maintenance of metadata, clarification of secondary use conditions, provision of information on copyright and other rights, etc.)
(2) Development and maintenance of “Japan Search,” a national platform for search, browsing, and utilizing digital archives
(3) Provision of digital archives overseas
(4) Human resource development and public awareness

In addition, the strategy specifies the roles to be played by the national government, local governments, universities, and private businesses in promoting digital archives, and also promotes various digital archiving initiatives from the perspective of facilitating the efforts of related entities. The use of the unmanaged works arbitration system*, for example, is mentioned as a way to support simple and centralized rights handling.

*Please refer to our June 2025 [Legal] Newsletter for more information on the unmanaged works arbitration system.

Among the priorities for the next five years, the strategy identifies “cultural assets and academic materials” such as cultural properties, art, movies, broadcast programs, books, etc., as important fields to be promoted, and “media arts” such as manga, anime, games, etc., as cross-cutting themes to promote the appeal of all regions of the country from the perspective of “Cool Japan”. Also, “regional resources” are identified from the perspective of regional development, including utilization for disaster prevention and tourism.

＜Reference URL＞
Prime Minister's Office of Japan: Digital Archive Strategy 2026-2030
https://www.kantei.go.jp/jp/singi/titeki2/pdf/archive_2026-2030.pdf
Prime Minister's Office of Japan: Outline of Digital Archive Strategy 2026-2030
https://www.kantei.go.jp/jp/singi/titeki2/pdf/archive_2026-2030_gaiyo.pdf