Cancellation trial

This is a procedure for extinguishing trademark rights in the future when it is inappropriate to keep them in existence even if the trademark was registered without any defects due to subsequent circumstances. There are five types of cancellation judgments:

At our patent office, our Legal Strategy Department, which is a specialized organization specializing in trademark matters, will provide effective legal support for the following cancellation trials on your behalf, so please consult with us first. I'm happy.

Cancellation trial system overview

Cancellation trial due to non-use (Trademark Law Article 50)

This is a trial requesting the cancellation of a registration on the ground that neither the trademark right holder, exclusive license holder, nor non-exclusive license holder has used the registered trademark in Japan for three years or more prior to the registration.

Cancellation trial due to unauthorized use by trademark right holder (Article 51 of the Trademark Law)

This is a trial requesting the cancellation of registration in cases where the trademark owner intentionally causes confusion with another person's products by using the trademark in a similar manner.

Cancellation trial due to unauthorized use by licensee (Trademark Law Article 53)

The Trademark Law imposes an obligation on license holders to use registered trademarks legitimately, and also imposes a duty on trademark rights holders to supervise usage rights holders. This is a judgment requesting the cancellation of registration on the grounds of violation of such supervisory duties.

Cancellation trial due to unauthorized use of trademark right holder due to transfer of trademark right (Article 52-2 of the Trademark Law)

As a security measure to prevent confusion of origin due to the transfer of trademark rights, a trial requesting cancellation of registration in cases where misidentification and confusion arises among consumers due to the use of a registered trademark by different rights holders as a result of transfer. is.

Cancellation trial due to improper registration by an agent (e.g. agency), etc. (Article 53-2 of the Trademark Law)

This is a trial requesting the cancellation of registration in cases where an agent, etc. has registered a trademark without obtaining the consent of the person who owns the rights to the trademark.

 

Non-use measures

Under the Trademark Law, if a trademark has not been used continuously for three years or more after registration (in the case of "non-use"), it is permitted to file a request for a trial to cancel the registration.

In order to avoid falling under the category of "non-use," it is important to use a registered trademark appropriately after registration. In other words, a registered trademark must be used for a designated product or service, and if it is used in a similar manner, it will basically be considered "unused" and may be subject to cancellation.

However, if a trademark is recognized to be the same as a registered trademark such as those listed below based on social conventions, the registered trademark will be considered to be used appropriately.

・Trademarks consisting of the same characters with only a change in font
・Trademarks that mutually change hiragana, katakana, and romaji to create the same name and concept
・Trademarks consisting of figures that are considered the same in appearance
・Trademarks other than those listed above that are recognized to be the same based on conventional wisdom

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