December [Legal] Newsletter

Amendments to the Madrid Agreement Regulations (effective November 1, 2025)

Amendments to the Regulations under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks have been adopted and will come into effect on November 1, 2025.
The outline of the amendments is as follows:

1. When submitting various applications after international registration, it will be mandatory to display the email address of the holder/licensee
If the previous procedure did not indicate the email addresses of holders, licensees, or their representatives in the international registration, you will now be required to indicate these email addresses when making the following requests:

• Appointment of Representative (Rule 3)
• License (Rule 20bis)
• Subsequent designations to international registrations (Rule 24)
• Requests for recordation (change of ownership, limitation of designated goods and services, etc.) (Rule 25)

If the required email address is not displayed during these procedures, a defect report will be sent.
Additionally, if you apply online using eMadrid, you will be warned and asked to enter the missing email address before applying.

2. Notification of defects in license applications will be sent to licensees.
The following notifications will now be sent not only to the holder of the international registration, but also to the licensee or licensee's representative:

• Notification of irregularities in applications for recording of licenses
• Notification that the license has been recorded
• A declaration that the recording of the license is invalid

3. Changes to the Swiss franc exchange rate fluctuation criteria for recalculating individual fees
The amount of the individual fee is determined by converting the amount displayed in the currency used by each national office into Swiss francs. If the exchange rate fluctuates, the amount is recalculated at the new rate and a new amount is set.
With this revision, the criteria for rate fluctuations that set new amounts have been changed as follows:

The above amendments 1 and 2 are expected to facilitate smoother communication and information gathering and prevent oversight, while amendment 3 is expected to further increase fairness in costs between international applications and direct applications.

Launch of Japan Creative Portal, a support portal for creators and content professionals

On October 31, 2025, the government's Intellectual Property Strategy Headquarters launched a portal site, Japan Creative Portal (URL:https://j-creative.go.jp/) was opened.
This portal centrally aggregates information from the Cabinet Office and other relevant ministries and agencies, allowing creators and related businesses to easily access a wide range of support information.

1. Background of the establishment
Until now, support measures related to creative activities have been provided by each ministry and agency, making it difficult to grasp the overall picture.
In particular, the wide range of policies, such as subsidy programs, human resource development programs, and support for overseas expansion, are scattered, and it takes a considerable amount of effort for creators to search for the information they need.
This portal was established with the aim of improving this situation and facilitating access to public support for creative activities.

2. How to use
Japan Creative Portal uses a system that allows you to narrow down your search by "genre" such as manga, games, or music, or by "support content" such as financial support, human resource development, or development support, or by using any keyword.
If you are unsure which "genre" or "support content" the information you are looking for belongs to, for example, if you are looking for support information related to "copyright," you can search using only the keyword "copyright," as shown in the figure below, and you can easily access information such as support systems and guides provided by various ministries and agencies.

The information provided ranges from financial support and human resource development support to information on intellectual property rights, making this portal useful not only for creators, but also for related businesses and legal and intellectual property officers.

The trademark "Fruit Juice Gummy" is now recognized as distinctive through use and will be registered.
- Case of reverse registration based on Article 3, Paragraph 1, Item 3 of the Trademark Act -

1. The process from application to registration

The trademark "Fruit Juice Gummy" (filed on April 13, 2023) applied for by Meiji Co., Ltd. was initially rejected on February 26, 2024, based on Article 3, Paragraph 1, Item 3 of the Trademark Act, on the grounds that it is a trademark consisting solely of a mark that indicates the quality and ingredients of a product in a commonly used manner. At that time, the trademark was also denied as being distinctive by use (Article 3, Paragraph 2).

In an appeal against this assessment, the applied trademark was found to fall under Article 3, Paragraph 1, Item 3 of the Trademark Act. However, in recognition of its high level of recognition due to its long-standing sales record and advertising, it was found that "Fruit Juice Gummy" had come to be recognized by consumers as a trademark indicating products related to the business of Meiji, and the trademark registration of "Fruit Juice Gummy" was approved pursuant to Article 3, Paragraph 2 of the Trademark Act (Registration Number: No. 6964994, Registration Date: September 2025).

Registered trademark	Gummy packaging

2. Submitted materials evaluated by the judges

・Continuous use period:
Since its release in 1988, the "Fruit Juice Gummy" trademark has been used continuously for over 35 years.
Since 2011, the trademark has been used continuously to the extent that it does not impair the identity of the trademark in question.

・Market evaluation:
From 2018 to 2020, it has consistently ranked first in the gummy market in terms of both sales amount and brand share.

・Advertising and promotional activities:
We continuously carry out advertising and promotional activities using a variety of media, including television commercials, newspaper and magazine advertisements, street posters, and social media campaigns.
The brand has received high praise, ranking first overall in independent surveys such as buyer surveys conducted by newspapers and magazines.

・Awareness survey:
Awareness survey conducted by Index Eye Co., Ltd. (conducted in May 2023):
　The recognition rate was 69.1% nationwide and 71.5% in the Tokyo metropolitan area, both of which achieved high recognition rates.
Survey by iBridge Co., Ltd. (conducted in May 2023):
　Among all gummy products, it achieved the highest recognition rate of 81.3%. 　

These achievements were evaluated as important factors supporting the "acquisition of distinctiveness through use" in Article 3, Paragraph 2 of the Trademark Act.

Misako Nagao of the trademark group said, "There aren't many products that blatantly imitate Fruit Juice Gummy, but sometimes product descriptions say Fruit Juice Gummy, implying that they are gummy candy containing fruit juice. In order to protect the brand, we thought it was necessary to obtain the rights to the word."

Newsletter translated into English

Amendments to Regulations under the Madrid Agreement (Effective November 1, 2025)

Amendments to the Regulations under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks were adopted and came into effect on November 1, 2025.
The amendments are summarized below.

1. Indication of the holder's and licensee's email addresses required when filing requests after international registration

If the email addresses of the right holder, licensee, and/or their representative(s) have not been indicated in the international registration by a prior procedure, it has become mandatory to indicate such email addresses when submitting any of the following requests:

• Appointment of a representative (Rule 3)
• License (Rule 20bis)
• Designation Subsequent to the International Registration (Rule 24)
• Request for recording (such as change in ownership, limitation of goods and services, etc.) (Rule 25)

If a required email address is not indicated in these procedures, a notice of a defect will be issued.

Furthermore, when submitting applications online through eMadrid, a warning message will appear, and the missing email address must be entered before submission.

2. Notices to licensees regarding defects in recordings of licenses, etc.

The following notices will now be sent not only to the holder of the international registration but also to the licensee or the licensee's representative:

• Notice of defects in connection with a request for the recording of a license
• Notice that a license has been recorded
• Declaration that the recording of a license is has no effect

3. Modification of the criteria for Swiss franc exchange rate fluctuations triggering the recalculation of individual fees

Individual fee amounts are expressed in the currency used by each national office and converted into Swiss francs. When exchange rates fluctuate, the individual fees are recalculated and new amounts are set based on the new rate.

Under the recent amendment, the criteria for the rate fluctuations that trigger the setting of new amounts have been modified as follows.

It is expected that amendments 1 and 2 will facilitate smoother communication and information retrieval and help prevent omissions, while amendment 3 will further enhance equity cost between international applications and direct national filings.

Launch of Creator and Content Support Portal (Japan Creative Portal)

On October 31, 2025, the Intellectual Property Strategy Headquarters of the Government of Japan launched the “Japan Creative Portal” (URL: https://j-creative.go.jp/), a website designed to support creators and professionals in the content industry.
This portal consolidates information from the Cabinet Office and other related ministries and agencies into a single platform, enabling creators and affiliated businesses to easily access a wide range of support information.

1. Background of Establishment
Until now, support measures related to creative activities were offered separately by each government ministry, making it difficult to understand the overall picture.

In particular, a wide variety of programs such as grant systems, human resource development initiatives, and overseas expansion support existed in a dispersed manner, requiring creators themselves to spend considerable effort in searching for the necessary information.

To address this situation and improve accessibility to public support for creative activities, this portal was developed.

2. How to Use the Portal
The Japan Creative Portal employs a system that allows users to filter information by “genre” (eg, manga, games, music) or by “type of support” (eg, financial assistance, human resource development, business expansion support), as well as to conduct searches using any desired keyword(s).

If users are unsure under which “genre” or “type of support” the relevant information falls, they can simply search using a keyword. For instance, when looking for support information related to copyright, they can search using the keyword “copyright”. This enables easy access to information such as support systems and guidance provided by each ministry.

Since the information provided covers a wide range of topics, from financial and human resource development support to support information related to intellectual property rights, the portal can be considered useful not only for creators but also for related business professionals, as well as for legal and intellectual property professionals.

Trademark “Kaju Gumi”: Registration Granted upon Recognition of Acquired Distinctiveness through Use
— A Reversal Case under Article 3(1)(iii) of the Trademark Act —

1. Process from Application to Registration

The trademark “Kaju Gumi” ('fruit juice gummy') (filed on April 13, 2023) by Meiji Co., Ltd. was initially refused on February 26, 2024, under Article 3(1)(iii) of the Trademark Act, on the grounds that it comprised solely of a mark used in a customary manner to indicate the quality or ingredients of the goods. At that time, distinctiveness through use (Article 3(2)) was also denied.

In the appeal filed against this decision, the applied-for trademark was deemed to fall under Article 3, Paragraph 1, Item 3 of the Trademark Act. However, in light of the long-standing sales performance and extensive advertising efforts, it was recognized that “Kaju Gumi” had become widely known, and that consumers recognize it as a trademark indicating goods related to a certain business (Meiji). Gumi” was approved (Registration No. 6964994, Registration Date: September 2025).

Registered Trademark	Gummy Package

2. Evidence Evaluated in the Appeal

・Period of Continuous Use:
The trademark “Kaju Gumi” has been used continuously for more than 35 years since its launch in 1988.
Since 2011, trademarks substantially identical to the applied trademark have continued to be used.

・Market Evaluation:
From 2018 to 2020, the brand achieved first place in both sales and brand share in the gummy market.

・Advertising and Promotional Activities:
Continuous advertising and promotional activities were carried out through various media, including television commercials, newspaper and magazine advertisements, street posters, and social media campaigns.
High evaluations were achieved in independent surveys, such as buyer polls conducted by newspapers and magazines, ranking first overall by brand.

・Awareness Surveys:
According to an awareness survey conducted by index-i Corporation (May 2023), the trademark achieved high recognition rates of 69.1% nationwide and 71.5% in the Tokyo metropolitan area.
According to a survey by iBridge Corporation (May 2023), the trademark achieved the highest product-specific recognition rate of 81.3% in the gummy category.

These results were evaluated as important factors for proving “acquisition of distinctiveness through use” under Article 3(2) of the Trademark Act.

Ms. Misako Nagao of Meiji's Trademark Group stated: “Although there are not many products that blatantly imitate 'Kaju Gumi', sometimes the term 'kaju gumi' is written in product descriptions to indicate gummies containing fruit juice. We believed it was necessary to obtain rights to the wording itself in order to protect the brand.”