November [Legal] Newsletter

Revision of the Trademark Accelerated Examination Guidelines (effective October 1, 2025)

The "Guidelines for Accelerated Trademark Examination and Accelerated Appeals" were revised on October 1, 2025, and applications for "trademarks that include the name of another person" will now be subject to accelerated examination.

From April 1, 2024, the registration requirements for "trademarks containing the names of others" will be relaxed, and if there are no other people with a certain level of name recognition, there is a reasonable connection between the name in the trademark and the applicant, and no unfair purpose is recognized, the trademark will be able to be registered without the consent of the other person. As a result, careful judgment is required in the examination of "trademarks containing the names of others," and so the revised guidelines of March 29, 2024 made these applications ineligible for accelerated examination. However, with this revised guideline, these applications will also be eligible for accelerated examination.

The following applications are currently not eligible for accelerated examination:

• Applications for new types of trademarks (motion trademarks, hologram trademarks, color-only trademarks, sound trademarks, and position trademarks)
• Application for a three-dimensional trademark consisting of the exterior and interior design of an office, business establishment, facility, etc.
• Applications for three-dimensional trademarks that include detailed descriptions of the trademark (including cases where such descriptions are deemed necessary to identify the trademark)
• Applications asserting the application of the consent system
• International trademark registration application under the Madrid Protocol (designating Japan)

Other major changes effective October 1, 2025 include:

• The revised version stipulates that requirement c of item 1 of the Eligibility for Accelerated Examination includes not only cases where a license to use the trademark is sought from another party, but also cases where a license to use the trademark has already been granted.
• It is now clarified that when using requirement e of item 1 of the Eligibility for Accelerated Examination in a joint application, the "Declaration of Intention to File an International Application for Registration" must be sworn in in the names of all applicants.
• Revised to state that if the user of the applied trademark can be said to be substantially under the control of the applicant, it will be deemed to be used by the applicant.
• The procedure for notifying the selection result when the normal examination start time arrives before the accelerated examination selection result is announced is described.

(*) Trademark registration applications eligible for accelerated examination
Target 1: Cases where the applicant (or licensee) has already used the trademark in question for some of the designated goods and services (or has made considerable preparations to use it), and where the granting of rights is "urgent"
*"Urgent" means any of the following:

1. A third party is using the applied trademark without permission (including preparatory acts for use).
2. A third party has warned you about the use of the trademark you are applying for (including preliminary actions to use it).
3. You are being asked to grant a license to use the trademark you are applying for, or you have granted a license to use the trademark to another person.
4. The trademark application is pending outside of Japan
5. The application for which accelerated examination is requested is planned to be used as the basis for a Madrid Protocol application.

Target 2: Cases in which the applicant has designated only the goods and services for which the trademark is already in use (or for which preparations for use are being made to a considerable extent).

Target 3: Cases where the applicant has already used the trademark in question for some of the designated goods and services (or has made considerable preparations to use it), and has designated only those goods and services listed in the "Examination Guidelines for Similar Goods and Services," etc.

Sake from Kyoto, Tottori, and Fukuoka designated as geographical indications (GI)

On October 1, 2025, the National Tax Agency announced that "Kyoto," "Tottori," and "Fukuoka" will be registered as geographical indications (GIs) for sake. This brings the total number of GIs designated by the NTA for alcoholic beverages to 31.

GI is one of the intellectual property rights stipulated in the WTO agreement, and is a system under which, when characteristics (quality, etc.) unique to a particular place of origin have been established, only products that are produced within that place of origin and meet certain production standards can be exclusively named after that place of origin.

Initially, the GI system only covered wine and distilled alcoholic beverages, but sake was added in September 2005, and all alcoholic beverages were included in October 2015. The National Tax Agency designated GI "Sake" as a national GI on December 25, 2015. This meant that only sake made using domestically grown rice and produced in Japan could be exclusively called "Sake."

Regarding GIs, specific agricultural, forestry and fishery products (agricultural, forestry and fishery products, food and beverages, and some non-edible agricultural, forestry and fishery products, excluding alcoholic beverages) are under the jurisdiction of the Ministry of Agriculture, Forestry and Fisheries, while alcoholic beverages are under the jurisdiction of the National Tax Agency.

<Reference> Regional Collective Trademark System
In addition to the GI protection system, there is also the Regional Collective Trademark System, which is a system for protecting regional brands.
A regional collective trademark is a word trademark consisting of the name of a region and the name of a product or service (etc.), which is often used as a regional brand, and is a type of intellectual property right that can be registered.
While regional collective trademarks are a system that allows for the exclusive use of a name as a trademark right, GIs are a system that certifies the quality of a product through its connection to the region and protects it as a shared property of the region.
The decision on which system to use depends on the object and purpose of protection, and it is possible to register under both systems.

<Reference>
National Tax Agency website "List of Geographical Indications for Alcoholic Beverages"
https://www.nta.go.jp/taxes/sake/hyoji/chiri/ichiran.htm
Japan Patent Office website: "Protecting regional brands through the regional collective trademark system"
https://www.jpo.go.jp/system/trademark/gaiyo/chidan/index.html
Q&A on the Use of Regional Collective Trademarks and Geographical Indications (GI)
https://www.jpo.go.jp/system/trademark/gaiyo/chidan/document/faq/t_dantai_syouhyou.pdf

Publication of the "Reiwa 7 User Evaluation Survey Report on the Quality of Design Examinations"

According to the Japan Patent Office website, the "2025 User Evaluation Survey Report on the Quality of Design Examinations" was published by the Japan Patent Office in September 2025. This survey is conducted annually by the Japan Patent Office to collect user evaluations and opinions with the aim of maintaining and improving the quality of design examinations, but it is also of interest to applicants and others to find out how the Japan Patent Office's examinations are generally evaluated.

Survey participants
Applicants with the highest number of design registrations in each group (A to N) of the Japanese Design Classification (in the case of overseas applicants, their attorneys will respond)

Survey method
Answer the questionnaire online, anonymous questionnaire
The individual items ① to ⑦ below are evaluated on a five-point scale.
① The clarity of the statements in the notice of reasons for refusal, etc. (excluding the decision of refusal)
② The clarity of the rejection decision
3) Uniformity of judgment
4) Accuracy of search (prior design search)
⑤ The level of expertise of design examiners in the field of design products, etc.
⑥ Communication with examiners in interviews, by phone, by email, etc.
⑦ Overall quality of examination of international design applications

Investigation result
The results of this survey indicate that the following areas should receive particular attention in the future: "description of refusal decisions," "consistency of judgments," and "level of specialized knowledge."

Newsletter translated into English

Revision of Guidelines for Accelerated Examinations for Trademarks (Effective October 1, 2025)

The “Guidelines for Accelerated Examinations/Appeal Examinations for Trademarks” were revised on October 1, 2025, to include applications for trademarks containing another person's name as eligible for accelerated examination.

Since April 1, 2024, the registration requirements for “trademarks containing another person's name” have been relaxed. If there is no other person with a certain degree of public recognition, there is a substantial connection between the name in the trademark and the applicant, and no fraudulent intent can be found, registration will be allowed without obtaining consent of another person.

As a result, due to the careful judgment required for examining such “trademarks containing another person's name”, these applications were excluded from the scope of accelerated examination under the guideline revision of March 29, 2024. However, under the current revision, such applications will now also be eligible for accelerated examination.

It should be noted that the following types of applications remain excluded from accelerated examination:

• • Applications for new types of trademarks (motion trademarks, hologram trademarks, color-only trademarks, sound trademarks, and position trademarks)
  • Applications for three-dimensional trademarks representing the exterior or interior design of offices, business establishments, facilities, etc.
  • Applications for three-dimensional trademarks with detailed descriptions of the trademark (including cases where such description is deemed necessary to identify the trademark)
  • Applications claiming the use of the consent system
  • International applications for trademark registration under the Madrid Protocol designating Japan

Other key amendments effective as of October 1, 2025 are as follows:

• The requirements under Item c of Accelerated Examination Category 1 have been revised to include cases where a license for trademark application has been granted to another party, not limited to where said license has been requested by the other party.
• For joint applications utilizing Item e of Accelerated Examination Category 1, it has been clarified that the “Declaration of Intent for International Application” must be made in the name of all applicants.
• Where the user of the applied-for trademark is deemed to be substantially under the control of the applicant, such use will be regarded as use by the applicant.
• The operation regarding notification of the selection result is now specified for cases where the normal examination commencement date arrives before the selection result of the accelerated examination is determined.

(*) Trademark Registration Applications Eligible for Accelerated Examination
Category 1: Cases where the applicant (or licensee) is already using, or has made substantial preparations to use, the applied-for trademark for some of the designated goods or services, and urgently requires rights acquisition.
“Urgently requires rights acquisition” refers to cases where any of the following applies:

1. A third party is using (including preparatory acts of use) the applied-for trademark without authorization.
2. The applicant has received a warning from a third party concerning the use (including preparatory acts of use) of the applied-for trademark.
3. The applicant has been requested to grant or has granted a license for the use of the applied-for trademark.
4. An application for the trademark is also pending outside Japan.
5. The application subject to the request for accelerated examination is intended to serve as the basic application for a Madrid Protocol application.

Category 2: Cases where the applicant designates only those goods or services that are already in use (or for which substantial preparation for use has been made).

Category 3: Cases where the applicant is already using, or has made substantial preparations to use, the applied-for trademark for some of the designated goods or services, and designates only those goods or services that are listed in the “Examination Guidelines for Similar Goods and Services” or equivalent.

Kyoto, Tottori, and Fukuoka Designated as Geographical Indications (GI) for Sake

On October 1, 2025, the National Tax Agency (NTA) announced the registration of “Kyoto”, “Tottori”, and “Fukuoka” as Geographical Indications (GI) for sake. With this designation, the total number of GI registrations for alcoholic beverages designated by the NTA has reached 31.

A Geographical Indication is one of the intellectual property rights stipulated under WTO agreements. It is a system that allows products produced within a specific region and meeting certain production standards to exclusively use that region's name, provided that the distinctive characteristics (such as quality) unique to that region are well established.

As a national-level GI, the NTA designated “Japanese Sake (Nihonshu)” on December 25, 2015. examined, only sake made exclusively from domestically produced rice and brewed within Japan may be labeled as “Japanese Sake”.

With regard to GIs, specific agricultural, forestry and fishery products (excluding alcoholic beverages, including agricultural, forestry and fishery products, food and beverages, and certain non-edible agricultural, forestry and fishery products) fall under the jurisdiction of the Ministry of Agriculture, Forestry and Fisheries, while alcoholic beverages fall under the jurisdiction of the National Tax Agency.

<Reference> Regional Collective Trademark System
In addition to the GI protection system, the Regional Collective Trademark system exists to protect regional brands.
A Regional Collective Trademark is a word mark consisting of a regional name, which is often used as a regional brand, combined with the name of a product or service (or similar), and is one of the types of intellectual property rights that can be registered.
While the Regional Collective Trademark system allows the exclusive use of a name as a trademark right, the GI system certifies the quality of a product through its association with a specific region and protects it as a shared asset of that region.
Which system to utilize should be determined based on the subject matter and purpose of protection. It is also possible to register under both systems.

＜References＞
National Tax Agency website: “Information on GIs protected in Japan”
https://www.nta.go.jp/english/taxes/liquor_administration/geographical/02.htm
Japan Patent Office website: “Protection of Regional Brands through the Regional Collective Trademark System”
https://www.jpo.go.jp/system/trademark/gaiyo/chidan/index.html
Utilization Q&A on Regional Collective Trademarks and Geographical Indications (GI)
https://www.jpo.go.jp/system/trademark/gaiyo/chidan/document/faq/t_dantai_syouhyou.pdf

Publication of “2025 User Evaluation Survey Report on the Quality of Design Examination”

The Japan Patent Office (JPO) has reported on its website that it published the “2025 User Evaluation Survey Report on the Quality of Design Examination” in September 2025. This annual survey is conducted by the JPO to collect user evaluations and opinions for the purpose of maintaining and improving the quality of design examination. For applicants and other stakeholders, it also provides valuable insight into how the JPO's examinations are generally evaluated.

Survey Participants
Applicants with the highest number of registered designs within each group (AN) of the Japan Design Classification (for foreign applicants, responses were provided by their representatives).

Survey Method
Responses were submitted online via an anonymous questionnaire form.

Questionnaire Form
The following seven items were evaluated using a five-point rating scale:
(1) Clarity of the content of Notices of Reasons for Refusal, etc. (excluding Decisions of Refusal)
(2) Clarity of the content of Decisions of Refusal
(3) Consistency of judgments
(4) Accuracy of prior design searches
(5) Level of expertise of design examiners regarding the relevant field of articles
(6) Communication with examiners during interviews, telephone calls, or email correspondence
(7) Overall quality of examination for international design applications

Survey Results
According to the results of this survey, it was reported that the “content of Decisions of Refusal”, “consistency of judgments”, and “level of expertise” were identified as items that should be given particular focus in future efforts.